2022 QCCA 944, 2022 QCCA 944

Protection de la jeunesse — 223053 2022 QCCA 944 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-08-000561-227 ( 500-24-000374-222 ) (500-24-000373-224) MINUTES OF HEARING WARNING : Disclosure, publication and broadcasting prohibited: The Youth Protection Act (“ YPA ”) provides that, except as ordered or authorized by the court, no person shall disclose, publish or broadcast any information allowing a child or the child’s parents to be identified (ss. 11.2 and 11.2.1 YPA ). Every person who contravenes s. 11.2.1 YPA is guilty of an offence and is liable to a fine (s. 135 YPA .).

DATE: July 5, 2022 THE HONOURABLE STÉPHANE SANSFAÇON, J.A. APPLICANT COUNSEL A Mtre MICHAEL N. BERGMAN ( Bergman & Associé

s) By videoconference RESPONDENT COUNSEL B Mtre CLAUDE LAPOINTE Mtre JEAN-PHILIPPE LANGLOIS ( Claude Lapointe Avocate ) IMPLEADED PARTY COUNSEL DIRECTOR OF YOUTH PROTECTION Mtre EDITH ZAVODNI ( CIUSSS

A) DESCRIPTION: Application for leave to appeal from a judgment terminating the proceeding rendered on May 3 rd , 2022 by the Honourable Sébastien Vaillancourt of the Superior Court , District of Montreal (Articles 115 and following of the Youth Protection Act , articles 30, para. 2 and 357 C.C.P. ). Clerk at the hearing : Anne Dumont Courtroom: RC-18

HEARING 10:15 Commencement of the hearing. Identification of counsel. Preliminary remark by the judge. 10:16 Submissions by Mtre Bergman. 10:24 Question by the judge. Response by Mtre Bergman and resumption of his submissions. 10:38 Submissions by Mtre Lapointe. 10:40 Comment by the judge. Response by Mtre Lapointe and resumption of her submissions. 10:44 Submissions by Mtre Zavodni. 10:52 Reply by Mtre Bergman. 10:53 BY THE JUDGE: Judgment – see page 4. Conclusion of the hearing.

Anne Dumont, Clerk at the hearing JUDGMENT WARNING : Disclosure, publication and broadcasting prohibited: The Youth Protection Act (“ YPA ”) provides that, except as ordered or authorized by the court, no person shall disclose, publish or broadcast any information allowing a child or the child’s parents to be identified (ss. 11.2 and 11.2.1 YPA ).

Every person who contravenes s. 11.2.1 YPA is guilty of an offence and is liable to a fine (s. 135 YPA .). [ 1 ] Appellant has filed a notice of appeal of a judgment of the Superior Court, District of Montreal (the Honourable Sebastien Vaillancourt), rendered on May 3 rd , 2022, [1] which granted the respondent applications to dismiss the appellant’s appeals against two decisions of the Court of Québec, Youth Division (the Honourable Line Bachand), rendered February 1 st , 2022. [2] The Court of Québec was sitting as the revision court of the Court of Québec in virtue of s. 95 of the Youth Protection Act (“ YPA ”), which dismissed the appellant application for review of a judgment of the Court of Québec involving their two minor children. [ 2 ] S. 115 YPA provides the possibility of an appeal with leave of a judge of this Court where the party “shows a sufficient interest to warrant a decision on a question of law only”. [3] The notice of appeal fails to clearly identify any error of law in the Superior Court judgment which merits the granting of leave. [ 3 ] Rather, the notice repeats the grounds invoked before the Superior Court, where appellant appears to have rehashed the case presented to the Court of Québec.

FOR ALL THE FOREGOING REASONS, THE UNDERSIGNED: [ 4 ] DISMISSES the application for leave to appeal; [ 5 ] WITHOUT legal costs given the nature of the proceedings. STÉPHANE SANSFAÇON, J.A.