2022 QCCQ 11700, 2022 QCCQ 11700

Protection de la jeunesse — 226830 2022 QCCQ 11700 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-002306-196 640-41-002408-190 DATE: December 1, 2022 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in […] and X, born on [...], 2012 Y, born on [...], 2009 Children and A Mother ______________________________________________________________________ JUDGMENT ON APPLICATIONS FOR EXTENSION (Second paragraph of

section 95 of the Youth Protection Act , CQLR, c. P-34.1 ) ______________________________________________________________________ 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 has applied for the extension of the decisions under s. 95 of the Youth Protection Act [1] rendered on December 18, 2020, by the Honourable Lucille Beauchemin, J.C.Q.

In those decisions, she declared that the security and development of X and Y were still in danger and ordered that the children be entrusted until December 31, 2021, to a foster family, chosen by the institution operating a child and youth protection centre. [ 2 ] At the hearing on November 10, 2022, the Court was not able to travel for weather reasons. The hearing was held by videoconference. The children travelled from Town A and were present in Town B. They were assisted by counsel.

The mother was also present and assisted by counsel. [ 3 ] The following facts were admitted or proved. [ 4 ] The mother displays alcohol consumption and conjugal violence issues. [ 5 ] The children’s sibling is currently entrusted to a foster family following neglect in terms of educational needs and psychological ill-treatment. [ 6 ] On or about February 14, 2022, Youth Protection received the information that the mother was pregnant and learned that she apparently consumed alcohol during her pregnancy. [ 7 ] On […], 2022, the mother gave birth to a boy at the A Centre in City A. [ 8 ] On […], 2022, an immediate protective measure was applied, and the child was entrusted to a foster family.

On that occasion, the mother threatened to commit suicide if Youth Protection took the child away. The mother has a pattern of threatening to commit suicide if her children do not come back under her care instead of cooperating with Youth Protection to work on her issues. [ 9 ] In the present situation, the measures ordered by Beauchemin J. ended on December 31, 2021.

From that date until November 10, 2022, the date of the hearing on the present application for extension, the children were under provisional measures (327 days). [ 10 ] It is possible that the mother consented to postponing the hearing of the application, but it was not in the children’s interest to postpone a hearing for eleven months.

[ 11 ] The children are now living in Town A with a foster family. The foster parents testified at the hearing that they were willing to foster the children until they reached the age of majority. [ 12 ] Y also testified that he would like to return to his community, with his mother and friends. If it is not possible to return him to his mother, he would choose to stay with his foster family, but in Town C. [ 13 ] X was too shy to testify and he left the courtroom crying. [ 14 ] The mother is asking to have her children with her. [ 15 ] The Court completed the hearing on December 1, 2022.

On that date, the parties submitted the following conclusions, on which they all agreed: • the security and development of the children are still in danger; • the children will stay with a foster family until August 31, 2023. [ 16 ] Since January 1, 2020, a new federal law has applied: An Act respecting First Nations, Inuit and Metis children, youth and families . [2] It imposes minimal guarantees to protect Inuit children and their families from assimilation. This Act applies in the case of Y and X. [ 17 ] When an Inuk child is placed outside his or her community, an “Indigenous governing body” must be notified.

According to s. 12 of the Act , they have the right to make representations under s. 13(

b) thereof [3] and under s. 131.8 of the Youth Protection Act . [4] [ 18 ] Considering the age of the children, it is very important to their best interests to have a “cultural connection plan” to protect their language and culture, pursuant to

section 17 of the federal Act . [ 19 ] Since 2020, the children have been placed outside their community and far away from the mother. Their files should be reviewed periodically, to make sure their rights are respected. FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the applications IN PART ; [ 21 ] EXTENDS the decisions for a period of nine months, until August 31, 2023; [ 22 ] DECLARES that the security and development of X, born on [...], 2012, and Y, born on [...], 2009, are still in danger; [ 23 ] ENTRUSTS the children to a foster family; [ 24 ] ORDERS that the children and the children’s mother take an active

part in the application of any measures ordered by the Court; [ 25 ] ORDERS that the children and the children’s mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the children and the children’s family; [ 27 ] AUTHORIZES the transmission of information on the mother’s follow-up regarding treatment at [organism A] to the Director of Youth Protection; [ 28 ] ORDERS the Director of Youth Protection to organize physical contact between the children and the mother in Town C at least four times a year; [ 29 ] ORDERS the Director of Youth Protection to

schedule physical contact between the mother and her children in Town A at least four times a year; [ 30 ] ORDERS that the Director of Youth Protection pay the cost of these visits to Town C and Town A; [ 31 ] ORDERS the Director of Youth Protection to prepare a report of all the steps taken to maintain the children in a Inuk community, pursuant to s. 16 of An Act respecting First Nations, Inuit and Metis children, youth and families ; [5] [ 32 ] ORDERS that the Director of Youth Protection put in place a “cultural connection plan” with the foster family to protect the children’s cultural background, pursuant to ss. 2 , 3 and 10 of An Act respecting First Nations, Inuit and Metis children, youth and families ; [6] [ 33 ] ORDERS the execution of the present order by any peace officer; [ 34 ] ORDERS that an “Indigenous governing body” be notified of the children’s situation; [ 35 ] ORDERS that the Director of Youth Protection review the present files periodically; [ 36 ] ENTRUSTS the situation of X and Y to the Director of Youth Protection A, who shall then see that the measures are carried out;

[ 37 ] THE WHOLE until August 31, 2023. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Justine Carli-Trudeau Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Angèle Tommasel Counsel for the children Mtre Michaël Pereira Desmarais Desvignes Crespo s.e.n.c.r.l. Counsel for the mother Date of hearing: November 10 and December 1, 2022