2019 QCCQ 14156, 2019 QCCQ 14156

Protection de la jeunesse — 194395 2019 QCCQ 14156 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-033972-183 DATE : May 13, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2007 child and A B parents ______________________________________________________________________ JUDGMENT REGARDING COMPROMISSION

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 May 13, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the child is victim of bodily injury by her mother and that she is subject to psychological ill-treatment. [ 3 ] On August 20, 2018, the Tribunal had the opportunity to hear the child’s testimony. On January 10, 2019, the youth protection worker responsible for the evaluation of the signalement testified.

Today, the mother gave her version of what happened in May 2018. [ 4 ] During her testimony, the child described the incident that happened with her mother on May 5, 2018. The child reported that her mother got mad as she played with her friends a game that belonged to her father. Her mother took her by the hair and pushed her. She proceeded to slap her on the face. While she was lying on the couch, she put her knees on her and pressured her stomach. She continued to hit her with her hands. The child mentioned that this incident lasted for one or two hours.

She got two scratches on her face resulting from this incident. She mentioned that her mother has lots of rings that could have scratched her. At some point, as the child did not want to follow her mother’s request to pick up the cake from the floor, the mother took a knife and put its dull side on the child’s neck. Later that night, the mother made threats to call the Director of Youth Protection and to place the child in a foster family. [ 5 ] The child reported that, on May 7, 2018, her mother got angry as she could not see messages sent from the child’s cell phone.

She threatened to smash a bottle of vodka on her head. [ 6 ] On May 8, 2018, the mother insisted that the child not attend school. As they were in a Tim Horton, the mother sniffed a pill in front of the child in the restaurant’s bathroom. She then hit the child on her face. The mother later apologized to the child on two occasions. The child eventually went to spend the night at her brother’s Y’s place. [ 7 ] The child reported that on May 9, 2018, her mother burst into Y’s apartment. As Y tried to contain the mother, she ripped her shirt and scratched herself to make it look as if Y had hurt her.

During the incident, the child and Y’s spouse went to take refuge on the balcony and called the police. The child met with the youth protection worker and made a declaration on video at the police station. The child reported that it was not the first time that her mother hit her. She reported that, over the years, she was often pulled by her hair. She mentioned that she was more often pulled by her hair then hit. [ 8 ] The child also testified to the effect that her mother was getting mad easily. She reported that her mother has used derogatory names calling her “bitch”, “salope” and “charogne”.

At some point, her mother was using one bad word per day. [ 9 ] The child reported being afraid of her mother’s reactions 65 % of the time. [ 10 ] The mother was arrested in relation to the incident. She was charged with assault and has criminal conditions not to be within 100 metres of the child. Until today, the mother reported that she never laid a hand on her child.

[ 11 ] Regarding the incident of May 5, 2018, the mother now recognizes that she pulled the ponytail of her daughter as two of her friends were breaking her “tic tac toe” game. This is the only episode of physical violence that she recognizes. She denies ever hitting, kicking, slapping or scratching the child. [ 12 ] Regarding the incident that happened at Y’s place, the mother reported that she only wanted to talk to her daughter. She reported that her son attacked her and that she was not the one who scratch herself. The Court considers that this does not make any sense and is not supported by the evidence.

The mother has not explained why her son would attack her if she only wanted to talk to her daughter. The child spent the night there with her approval. [ 13 ] As the father was incarcerated at that time, he did not witness the specific events described by the child. He reported to the youth protection worker that he believed the child’s allegations as, in the past, he witnessed the mother slapping the child and pulling her hair. He mentioned to the youth protection worker that the mother becomes violent when she runs out of medication.

Question in litigation [ 14 ] Did the Director of Youth Protection present preponderant proof that the child was subject to psychological ill-treatment and victim of physical abuse? Context and Analysis [ 15 ] The Tribunal needs to assess the mother’s and the child’s credibility and reliability. During her testimony, the child reported the different incidents with great details and nuance.

The mother corroborated many of the details reported by the child during her testimony: • the incident happened following the child’s birthday party at Laser Quest; • the names of the friends who were present at the residence following the party; • that the police intervened during that night for another reason; • that the child did not report anything to the police on May 5, 2018; • that the incident happened after the child’s friends were playing with a game. [ 16 ] The child described what happened with appropriate emotions.

She maintained her version throughout the different interviews on the subject. [ 17 ] The Tribunal considers that only one aspect of the child’s testimony is questionable: when she referred to the “one or two hour” duration of the incident. The Tribunal can clearly understand that the child, who had just turned 11 years old at the time of the incident, perceived that she was hit by her mother during a very long time. [ 18 ] The mother describes her daughter as a smart girl, sociable, good in school, having a mind of her own, lovable, likable, with good values, fun and respectful.

She reported that the child probably lied because she wanted more attention, but this remains only the mother’s perception. [ 19 ] The mother reports that, during the incidents, she was taking a lot of morphine (100 pills per week). She reported that her drug consumption became more problematic at the end of 2016 or the beginning of 2017.

The Tribunal has to consider this aspect of the mother’s situation while assessing her reliability and credibility. [ 20 ] The Tribunal considers that during her testimony, the child was credible and reliable and that the Director has proven, by preponderance of proof, that she was subject of psychological ill-treatment and victim of physical abuse. THEREFORE AND FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the application for protection; [ 22 ] DECLARES that the security or the development of the child is endangered ( sections 38 e) 1 o and 38

c) of the Youth Protection Act ). ___________________________________ François Ste-Marie, J.C.Q. Written and signed on May 14, 2019 /cd Mtre Sym Davis Counsel for the Director of Youth Protection Mtre Claudine DuSablon Counsel for the child Mtre Josée Lefebvre

Counsel for the mother Mtre Marc Morin Counsel for the father Dates of hearing: August 20, 2018, January 10 and 21, 2019 and May 13, 2019