2019 QCCQ 9301, 2019 QCCQ 9301

Protection de la jeunesse — 19324 2019 QCCQ 9301 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 550-41-003258-181 (X) 550-41-003259-189 (

Y) DATE: 25 th January, 2019 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Petitioner and X Y Children and a b In their capacity as parents ______________________________________________________________________ JUDGMENT (sections 38 and 75, 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection alleges that the security and development of Y, aged 8 and X, aged 11 months, are endangered because of a situation of physical abuse (

Y) and of serious risk of physical abuse (

X) on the part of the father. In terms of measures, the Director is asking that both children be entrusted to the mother, with contacts between the children and their father to be determined by agreement between the parties, along with aid, counsel and assistance to be provided to the children and their family for a period of nine months. [ 2 ] The father is present and not represented by counsel. He admits that he slapped Y on one occasion; his wish is for the situation to return to normal, including at it relates to contacts with his children. The mother is present and represented by counsel.

She admits that the security and development of the children are endangered and is in agreement with the proposed measures. The children are not in attendance but they are represented by counsel. [ 3 ] The parents were married for 7 and a half years and separated a little over a year ago. The relationship was a difficult one.

The evidence reveals that the father was verbally abusive towards the mother, calling her names (stupid, animal, handicapped, donkey, and other vulgar words) on a regular basis, including in front of Y. [ 4 ] Y has some particular challenges; he is currently attending a language disorder class and was diagnosed with a social communication disorder. He is currently seeing a speech therapist as well as psychologist. The routine with Y challenging, especially during meal time. The mother notes that the father often gets impatient with Y and calls him names (stupid, animal, handicapped,

donkey). According to the mother, the father also hits Y, with regular slaps on the hands and sometimes slaps to the face. [ 5 ] The father admitted a particular incident which occurred on or around September 19 th , 2018 and which led to the Director becoming involved. The father had recently returned from a long trip oversees to attend to a sick relative. He was tired from the trip and lacked patience. So when Y was taking too long to eat and did not obey the father’s directive, he slapped Y on the face.

When asked if he hit Y only that one time or if it happened before, the father admitted that it may have happened before the separation. [ 6 ] The evidence also shows that the father has a habit of doing “hickeys” (or love bites), thereby leaving dark-colored skin marks on the neck and face of Y. According to the mother, the child does not like the “hickeys” (which he refers to as “ bisous méchants ”). The child resisted at first but said he wasn’t strong enough to get out of his father’s grasp. The child has now normalized the situation, according to his mother.

The last time it happened (September 24 th , 2018), the mother says the mark stayed on for 17 days. [ 7 ] The father tends to minimize his actions and it is far from clear that he realizes the impact of his behaviour. He has shown that he is not completely insensible to the situation. For example, when asked how Y reacted after the father slapped him on the face, the father replies, with emotion in his voice, that Y told him: “ papa!

Go to your room !” [ 8 ] The father says he takes full responsibility for this actions and that he is willing to learn from his mistakes; more specifically, he wants to be able to better handle Y’s temper tantrums. He has begun a follow-up with the organization “ ” and is now seeing a family psychologist. [ 9 ] There is significant and convincing evidence to demonstrate that Y’s security and development are endangered as a result of the physical abuse by his father.

While it was initially thought that the September 19, 2018 event may have been an isolated incident, the evidence presented at Court tells a different story. The mother’s testimony, in particular, is to the point and highly credible. [ 10 ] As to the “hickeys”, the father considers them to be his “trademark” and does not see this as a problem. When the mother told him she would inform the Director about this, the father simply laughed. [ 11 ] The father’s actions are disrespectful and violate his child’s physical and emotional integrity.

If he seems to understand that it’s not acceptable to hit his children, he seems oblivious to the fact that imposing a “hickey” by force and without consent on anyone, including his child, is not just inapropriate, it constitutes physical abuse . In addition to having to suffer the marks themselves, the child is also exposed to being ridiculed when asked to explain them at school.

Last but not least, the father’s verbal abuse must stop, both in relation to Y and in relation to the mother, especially in front of the children. [ 12 ] As to X, there is no evidence that he has actually been subjected to physical abuse. The question, however, is whether there is a serious risk that he may be subjected to the same treatment as his older brother. X is very young and thus extremely vulnerable. Because of his young age, he is clearly not in a position to either defend himself or tell others what is going on.

Unless and until the father learns to control his temper and acquires the needed parental skills to correct his physical and verbal behaviour, the Court considers that X is indeed at serious risk. [ 13 ] The measures proposed by the Director of Youth Protection in this instance are adequate. While it is in the children’s interest to be entrusted to their mother, the supervision of the contacts between father and sons is no longer necessary. The supervised visits that took place during the proceedings went very well and the father is committed to continue to improve the situation.

The length of the proposed measures is also appropriate in the current situation. Nine months should prove sufficient to allow the father to undergo the recommended follow-ups. [ 14 ] THEREFORE THE COURT : [ 15 ] GRANTS the petition; [ 16 ] DECLARES that the security and the development of Y is endangered as a result of a situation of physical abuse on the part of father; [ 17 ] DECLARES that the security and the development of X is endangered as a result of a serious risk of physical abuse on the part of father; [ 18 ] ORDERS the implementation of the following protection measures for a period of nine months:

a) That the children be entrusted to their mother;

b) That the contacts between the children and their father be determined by agreement between all parties;

c) That X receive the help required by his condition (health and social care);

d) That Y receive thel help required by his condition (speech therapy, mental health);

e) That a person authorised by the Director of Youth Protection provide aid, counsel and assistance to the children and their family; [ 19 ] RECOMMENDS :

a) That the mother receive all the health care and services required by her condition (victim of domestic violence);

b) That the father receive all the health care and services required by his condition (anger management, parental skills); [ 20 ] ENTRUSTS the situation of the children to the Director of Youth Protection who shall then see that the measures are carried out.

Signed on 25 th January, 2019. __________________________________ JEAN-FRANÇOIS NOËL, J.Q.C. Mtre. Gabrielle Leblanc Counsel for the Director of Youth Protection Mtre. Daniel Lessard Counsel for the children Mtre. Ginette Thétreault Counsel for the mother Mr B Father - Representing himself Date of hearing: January 8 th , 2019.