2017 QCCQ 16020, 2017 QCCQ 16020

Protection de la jeunesse — 176675 2017 QCCQ 16020 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] “Youth Division” N° : 525-41-032770-174 DATE : September 11, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2000 adolescent and A B (deceased) parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on September 11, 2017. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent has been subjected to unreasonable methods of upbringing and psychological ill-treatment by her half-sister, Ms. C. [ 3 ] On June 23, 2017, immediate protective measures were invoked and the adolescent has been entrusted to a friend.

On June 26, 2017, the Tribunal extended the application of the immediate protective measures for a period not exceeding five working days. [ 4 ] On July 6, 2017, the Tribunal entrusted, on a provisional basis, the adolescent to the care of Ms. D. [ 5 ] Today the Director recommends that the adolescent remains with Ms. D and that support measures be ordered until the adolescent’s majority. [ 6 ] The mother and the adolescent agree with the plan proposed by the Director. Question in litigation [ 7 ] Are the proposed measures in the adolescent’s best interest and are they respecting her interest?

Context and Analysis [ 8 ] In February 2011, the adolescent came from Pakistan to Canada. She has since been residing with Ms. C, her half-sister. [ 9 ] The mother has remained in Pakistan. She is aware of the situation and does not wish for the adolescent to remain with her half- sister. She is not financially able to provide care for the adolescent in Pakistan. [ 10 ] The father passed away in July 2013.

[ 11 ] When the adolescent was residing with her, Ms. C expected her regularly accompany her on work travel. Consequently, the adolescent has missed a considerable amount of school. [ 12 ] The adolescent reports that her half-sister has regularly denigrated her, using offensive names. This is corroborated by the adolescent’s 18 year old brother, Y. [ 13 ] The adolescent states that, in May 2017, as she refused to accompany her half-sister to Mont-Tremblant for work purpose, Ms.

C slapped her across the face. [ 14 ] The adolescent also reports that, on June 21, 2017, as she came home around 2:00 a.m., her half-sister slapped her on the face, pulled her hair and punched her. The adolescent’s brother, Y, had to intervene to protect his sister. [ 15 ] Ms. C recognizes that she slapped the adolescent on June 21, but denies punching her. Ms. C threatened to send her back to Pakistan. On June 22, 2017, the adolescent packed up her personal belongings and left the home. Ms. C indicated that the adolescent was no longer welcomed in her home.

The adolescent contacted the police and was eventually conducted to the home of a friend’s mother, Ms. D. [ 16 ] The adolescent and her brother Y adapted well to living with Ms. D. She found a stable and safe home. The Tribunal is grateful for Ms. D intervention in the adolescent’s life. THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security or the development of the adolescent is endangered ( sections 38 e) 1 o and

c) of the Youth Protection Act ); [ 19 ] ORDERS that the adolescent be entrusted to Mrs. D; [ 20 ] TAKES JUDICIAL NOTICE that the home of Mrs. D, upon completion of the evaluation, may be considered a foster home; [ 21 ] ORDERS that the frequency and modality of contacts between the adolescent and Ms.

C be determined by the Director of Youth Protection, including supervision if necessary and taking into account the adolescent’s wishes; [ 22 ] ORDERS that certain attributes of the parental authority be removed from the mother and AUTHORIZES the Director of Youth Protection to sing consents for the adolescent’s health, educational, recreational and travel needs, as well as for a passport; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 24 ] THE WHOLE until the adolescent’s age of majority. [ 25 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Signed on October 2, 2017 /cd Mtre Edith Zavodni Counsel for the Director of Youth Protection Mtre Laurence Marceau Counsel for the adolescent Date of hearing: September 11, 2017