2023 QCCQ 8838, 2023 QCCQ 8838

Protection de la jeunesse — 234778 2023 QCCQ 8838 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] TOWN […] Youth Division No: 760-41-007087-235 760-41-007065-223 DATE: May 19, 2023 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on […], 2017 Y , born on […], 2014 Children ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant -and- A B Parents ______________________________________________________________________ JUDGMENT

Article 38 of the Youth Protection Act ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified. Any person who contravenes this provision commits an offence and is liable to a fine (sections 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection alleges that the child Y is the victim of her father’s physical abuse, justifying the application of protective measures for both her and her younger brother X.

Among the various measures sought for a period of 6 months, the Director asks that the Court maintain the children with their mother while benefitting from supervised contacts with their father. [ 2 ] The mother subscribes to the conclusions of the application, as does the children’s attorney, adding that Y would like to see her father. [ 3 ] The Court dispenses service to the father in view of the evidence that he was present at the provisional hearing and has since refused to exchange with the Director. [ 4 ] The Court grants the application following its conclusions.

Hereafter are the facts justifying this decision. The context [ 5 ] The children reside with their mother. [ 6 ] The father faces criminal accusations relating to violence in the family environment. Since 2021, he is under release conditions restricting his contacts to the mother and the children, except in the exercise of court ordered access rights or the children’s consent for telephone contacts. (Exhibit D-3) [ 7 ] Y verbalizes that her father hits her with various objects (hairbrush, belt, cellphone charger) and can pinch her ears, grab her arms and bite her.

She says that these incidents occur for the last two years, in her mother’s absence. [ 8 ] A medical examination concludes that Y has marks on her body which suggest one or more situations of physical abuse. [ 9 ] X also declares that his father can hit him with objects, but a medical evaluation is inconclusive. [ 10 ] The Director intervenes in February 2022 in relation to a complaint of physical abuse. [ 11 ] During the evaluation, the father admits to having recourse to physical discipline for educational purposes while denying that these gestures constitute abuse.

[ 12 ] As the mother indicates her intention to seek custody and seek the supervision of the father’s access, the Director doesn’t intervene. [ 13 ] On […], 2022, the Superior Court renders an interim order granting custody of the children to their mother and determining the father’s access on Saturdays from 1 pm to 4 pm at the paternal grandmother’s residence and under her supervision. [ 14 ] In December 2002, Y once again verbalizes being hit by her father during their Saturday visits.

She repeats to school authorities being fearful of being hit by her father should she be absent from school or have difficult behaviours at school. [ 15 ] During a subsequent police interview, she confirms being regularly hit by her father with various objects, the latest incident occurring in the last month. She adds that he never stopped hitting her and that her father threatens her to not tell anyone about the incidents. She states to seeing her father at his residence, without supervision. [ 16 ] X says that his father does not hit him anymore but can still get mad.

He doesn’t witness his sister being hit. [ 17 ] To the Director, the mother admits that the father’s contacts are no longer supervised by the paternal grandmother, contrary to the Superior Court order. Having found no one else to supervise the father’s contacts, she agrees with him that he only see the children in a public area for a few hours a week. [ 18 ] She only recently learns that the father was bringing the children to his home. She was not aware that he had continued hitting Y.

She insists on her intentions to protect her children. [ 19 ] The father once again denies any abuse, suggesting that his daughter is being manipulated to lie, alluding to a conspiracy involving his daughter’s school, the police and protection services. [ 20 ] A provisional protection order ensues on December 14, 2022, entrusting the children to their mother and ordering that the father’s contacts be supervised by a third party designated by the Director of Youth Protection. [ 21 ] The father refuses to participate in supervised contacts.

He meets on only one occasion with the caseworker, insisting to not having used physical discipline since his daughter’s first verbalisation, having understood physical education methods were not acceptable in Quebec, as it was when he grew up in Country A. [ 22 ] As to his daughter’s more recent verbalizations, he maintains his initial impression of her being manipulated by authorities.

Denying having hit his daughter in the last year, he doesn’t recognize any need for protective measures. [ 23 ] Since that time, the father offers minimal collaboration and refuses to engage in a rehabilitation process with the objective of acquiring acceptable educational methods and regaining his children’s trust. [ 24 ] Since the Director’s intervention, only a few telephone contacts occur, under the mother’s supervision. The father rejects the Director’s intervention, stating having no intention to participate in supervised contacts.

His absence at the hearing further reinforces his disengagement. [ 25 ] The mother offers her full cooperation. Analysis and decision [ 26 ] The evidence demonstrates that the father has continued recourse to inappro-priate disciplinary methods with his children on an ongoing basis, constituting physical abuse. [ 27 ] Y offers a coherent and detailed version of events, which are maintained over time and confirmed by previous medical examination.

X, despite his young age, is able to relate similar incidents and confirm his father’s use of physical discipline. [ 28 ] Y’s distress is related to numerous persons in her environment and confirmed to the police. [ 29 ] The father, while not recognizing abuse, admits to using physical discipline in the past.

This admission, although partial, is an additional element convincing the Court of the existence of the situation of endangerment alleged by the Director of Youth Protection. [ 30 ] The Court endorses the measures of protection and support sought by the Director of Youth Protection as being an accurate reflection of the children’s needs and the objectives of the law.

FOR ALL THESE REASONS, THE COURT: [ 31 ] GRANTS the applications for protection; [ 32 ] DECLARES that the security and the development of the child Y are in danger in reason of: • physical abuse (article 38e)1) Youth Protection Act ); [ 33 ] DECLARES that the security and the development of the child X are in danger in reason of: • serious risk of physical abuse (article 38e)2) Youth Protection Act ); [ 34 ] MAINTAINS the children in their maternal environment; [ 35 ] ORDERS that the contacts between the children and their father be following agreement between the parties and in the

presence of a third party chosen by the Director of Youth Protection; [ 36 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures that apply in their own regard or in their children’s regard, to put an end to the situation of endangerment; [ 37 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 38 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children as well as their family; [ 39 ] ALL THESES MEASURES for six months; [ 40 ] ENTRUSTS the situation of the children to the Director of Youth Protection A for the execution of the present order. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Marc Castonguay Attorney for the Applicant Me Karine P. Poissant Attorney for the children Date of hearing: May 19, 2023