2021 QCCQ 9311, 2021 QCCQ 9311

Protection de la jeunesse — 215522 2021 QCCQ 9311 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 140-41-000646-206 DATE: July 20, 2021 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2012 Child -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) asks the Court to revise and extend the order rendered on October 20, 2020, in respect of the child in order to entrust him again to his mother. [ 2 ] At the hearing, both parents are absent and are not represented by a lawyer. Regarding the child, he is not present as well but duly assisted by his lawyer. [ 3 ] In the last judgment rendered on October 20, 2020, the child was entrusted to his mother.

He was exposed to domestic violence caused by the father. Over the last years, when an event occurs concerning the latter, the mother went to live with a family member, but she always returns to him. However, she mentioned that she did not intend to return with the father this time. [ 4 ] Regarding the father, he refused in the beginning, to collaborate with the DYP but changed his mind.

In the judgment, it was ordered that the father be sober at all times on the presence of his child and to commit to social services, as long as required. [ 5 ] Now, what about the situation since this last judgment? [ 6 ] On April 26, 2021, a revision was held and, at that time the objectives set were achieved. Since the situation was stable, closure of the file is being considered. However, other events took place between the parents around May 21, 2021. The father assaulted the mother as well as throwing objects at her or smashing them.

She had to call the police but a few days later, the mother decided to drop the charges against the father.

The latter denies having been violent towards the mother during this event, instead he blames her, saying that she is the one who consumed alcohol and smashed objects. [ 7 ] It is noted, that the mother always calls the DYP when a situation arises, otherwise they do not hear from her. [ 8 ] The youth delegate underlines the following in her report summarizes the situation of the parents, as follows [1] : “To this day, little to no work has been completed since we are always managing emergencies such as conjugal violence and drinking addiction problems because both parents have difficulties recognizing the reasons for which we are involved.” [ 9 ] The father is very violent towards the mother, to a point that multiple’s police interventions were required over time.

He also has a serious drinking addiction. He does not recognize his problem and does not want services under the pretext that he can control it. He

does not recognize his responsibility in the situation and tends to put that burden on someone else’s shoulder such as the mother. On the other hand, the mother always protects him, defends his inappropriate behaviour and constantly excuses him. [ 10 ] The evidence reveals that the child is still exposed to domestic violence even if the mother brings him to her sister’s or to her parents to protect him. The child is still aware of the things going on between his parents, and he feels them.

Fortunately, he can confide in his cousin about what is going on at home, the latter having already experienced a similar situation, so they are very close. [ 11 ] Even if the mother collaborates well with the DYP still, several concerns are raised about the mother’s ability to protect her child in the context of the dynamics of domestic violence that occurs within the couple. She tends to protect the father and forgives him after his inadequate gesture.

Furthermore, she does not recognize all the impacts of the situation on her son or herself, but she takes good care of him and she attends all her appointments with the DYP. Regarding the father, currently, his collaboration is almost non-existent. [ 12 ] Obviously, there has been little change in the parents' situation. Sadly, the father’s substance abuse problems and the presence of domestic violence are still topical in the life of this family. The mother will have to learn to prioritize her son instead of the father.

By continuing to protect the latter, she risks losing her son. [ 13 ] The evidence demonstrates that the security and development of the child are still in danger. Considering the evidence adduces, the application is well founded. Moreover, the measures suggested by the DYP appear to be in the child’s best interest. FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 14 ] GRANTS the application for revision and extension of order; [ 15 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth protection act ; [ 16 ] REVISES AND EXTENDS the court order rendered on October 20,2020, in the present file; [ 17 ] ENTRUST the child to his mother, excluding the presence of the father; [ 18 ] ORDERS that contacts between the child and his parents be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 19 ] RECOMMENDS that the mother involves herself into a psychological counselling in connection with her personal difficulties, including a follow-up with a professional regarding domestic violence; [ 20 ] RECOMMENDS the father to engage himself into addiction counselling and anger management; [ 21 ] PROHIBITS the parents from exposing the child to any form of violence; [ 22 ] ORDERS that both parents take an active

part in the application of the ordered measures; [ 23 ] ORDERS that a person working for an establishment provides aid, counsel and assistance to the child and his family until, until July 31, 2022; [ 24 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of this judgment; [ 25 ] ORDERS that the parents report to the DYP when required on the measures applied to themselves or their child to put an end to the situation that jeopardizes the child’s security or development; [ 26 ] ORDERS that the parties concerned by this judgment to comply with it. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Mylène Murray for the child

Mrs. A the mother (absent) Mr. B the father (absent) Written judgment filed on July 23, 2021.