2017 QCCQ 10793, 2017 QCCQ 10793

Protection de la jeunesse — 174370 2017 QCCQ 10793 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] “Youth Division” N° : 525-41-031653-165 DATE : May 17, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...] 2002 adolescent and A B parents ______________________________________________________________________ JUDGMENT

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 17, 2017.

Introduction [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent was sexually abused by her stepfather. [ 3 ] On September 22, 2016, the Tribunal rendered a provisional order entrusting the adolescent to her mother’s care at the exclusion of her stepfather and ordering that contacts between the adolescent and her stepfather, if in the best interest of the adolescent, be supervised by the Director. [ 4 ] On December 21, 2017, the Tribunal began the hearing and heard the adolescent and the youth protection worker.

Considering the parties’ positions and the submitted proof, the Tribunal concluded that the adolescent’s security or development was compromised as she was the victim of sexual abuse by her stepfather. [ 5 ] The Tribunal rendered a provisional measure, entrusting the adolescent to her mother, prohibiting contacts between the adolescent and her stepfather and recommending that the mother, the adolescent and the stepfather take

part in counselling regarding specifically the situation of sexual abuse. [ 6 ] Today, the Director recommends that the adolescent remain entrusted to her mother; that Mr.C, the adolescent’s stepfather, be authorized to return in the family home and that support measures be provided for a period of one year. [ 7 ] The mother and the adolescent are in full agreement with the proposed plan. Question in litigation [ 8 ] Are the recommendations made in the best interest of the adolescent and are they respecting the adolescent’s rights? Context and Analysis

[ 9 ] On September 15, 2016, the adolescent participated in an interview with Sergeant-Detective D as part of the Multi-sectorial Agreement. [ 10 ] The adolescent reported that at the beginning of June 2016, her step-father entered her room and began touching her private parts. She reported that these incidents occurred approximatively 4, 5 or 6 times. [ 11 ] The first incident occurred during the week of June 3, 2016. She remembers this as she went to La Ronde on that day. She was home alone with her stepfather and he came into her room to wake her up.

The adolescent mentioned that her stepfather wore red and black checkered pants and that he was shirtless. She was wearing a jogging pants and a shirt. She mentioned that he was touching her, like fingering, touching inside. She reported that he put his finger inside her vagina while she was asleep. When asked to be more precise, she reported that he had one finger inside her vagina, that she felt it. During the interview, she made a gesture moving her finger up and down. [ 12 ] She reported a second incident, when her stepfather came back from work and her mother left for work. It was early in the morning.

The same thing happened and she pulled his hand. She stayed in the room and returned to sleep. [ 13 ] She described the last incident as having happened during June 2016. She did not have school that day and was home alone with her stepfather. As she was watching YouTube on her laptop, lying down on her stomach, in her mother’s bedroom.

Her stepfather lied down next to her on the bed and proceeded to caressing her buttocks two times on the outside on her pants. [ 14 ] She wrote to her best friend about these situations on snapchat. [ 15 ] At one point, in June 2016, the adolescent mentioned that she spoke to her stepfather about the incidents. He told her not to tell anyone and she told him to stop. [ 16 ] Later, the adolescent shared some information with her mother in July 2016.

She told her mother that her stepfather had touched her in “that area”. [ 17 ] The mother addressed the situation with the adolescent’s stepfather, who reported that he felt bad and that “he didn’t want to lose them”. [ 18 ] The adolescent reported that it did not happened following the discussion with her mother. [ 19 ] During her interview with the Sergeant-Detective, the adolescent also reported that her stepfather never asked her to touch him.

He never filmed her nor took sexual pictures. [ 20 ] Following her interview with the Sergeant-Detective, the youth protection worker asked the adolescent more questions while they were in the worker’s car. The adolescent clarified that her stepfather’s fingers did not go inside her vagina the way a tampon does. She specified that his finger just touched her vagina inside of her underwear. [ 21 ] On September 19, 2016, during another interview with the youth protection worker, the adolescent reported that her stepfather did not touch her inside of her underwear, but that he touched her outside of her underwear.

She also denied ever mentioning that he had “fingered her”. [ 22 ] Since the signalement, the adolescent’s situation deteriorated. Her grades declined; she had suicidal ideations; she resorted to cutting and she appeared very anxious around the situation. [ 23 ] During her testimony, the adolescent confirmed many details from the interview with the Sergeant-Detective. Although, some aspects of her testimony differs from the version she gave during her September 15, 2016 interview. [ 24 ] She testified that usually, her stepfather would shake her leg, her tights or shoulder in order to wake her up.

She reported that on a few occasions (4, 5 or 6 times), her stepfather put his hands between her tights and shook his hands to wake her up. She felt uncomfortable and felt it was inappropriate. He did not put his fingers inside her underwear. After the interview, she clarified what she meant when she talked about “fingering her” to the youth protection in her car. She clarified that he did not go inside her, like a tampon; that he was shaking his hands outside of her underwear. [ 25 ] She mentioned that she felt nervous and pressured when she spoke to the Sergeant-Detective.

She mentioned that she exaggerated the situation when she spoke to the detective. [ 26 ] As she felt uncomfortable about what her stepfather did to her, she spoke to her mother. She does not remember exactly the words that she used, but remembered saying that “he touched me there” when he woke her up. Her mother was shocked and went to talk to her stepfather. This conversation lasted around 40 to 60 minutes. They came back and had a conversation together. They spoke about what made her felt uncomfortable, what he should not do. That he should not touch the adolescent between her tights.

She felt reassured and he apologized. She knows he will not do it again. [ 27 ] She explained that she resorted to cutting as a result of the whole situation; court, the Director’s involvement, the fact that her stepfather is not in the home anymore. Her mother reassured her and offered support. [ 28 ] The day of the hearing, she stated that she wanted to reinstate contacts with her stepfather. [ 29 ] As both of the adolescent’s versions constitute sexual abuse under the Youth Protection Act , the Court considers that the Director has met its burden of proof.

The Tribunal declared that the security or development of the adolescent was compromised as she was sexually abused by her stepfather. [ 30 ] During her testimony, the youth protection worker confirmed that the adolescent, the mother and the stepfather now all agree to

receive therapy regarding the specific question of sexual abuse. [ 31 ] Considering this new opening, the Tribunal continued the hearing on the measures to a later date and recommended that the adolescent, the mother and the stepfather take

part in counselling regarding specifically the situation of sexual abuse. The Court maintained the prohibition of contact between the adolescent and her stepfather until then. [ 32 ] On May 2 nd , 2017, a new signalement was received regarding the adolescent’s situation but the Director informed the Tribunal that this new signalement was retained but closed. [ 33 ] Since December 21, 2016, the mother, the adolescent and the stepfather took steps to receive counseling.

The stepfather’s therapist reported to the youth protection worker that Mr.C is very remorseful and that he is working hard in the therapeutic context. A safety plan was discussed whereby the adolescent would not be left alone in the home with her stepfather until it is deemed appropriate by the Director.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 34 ] ORDERS that the adolescent remain entrusted to her mother; [ 35 ] TAKES ACT that the parties allow the Director of Youth Protection to share and receive information with all treating professionals as for the information about participation and progress in therapy; [ 36 ] RECOMMENDS that Mr.C (stepfather) continue to receive counselling pertaining to sexual abuse; [ 37 ] TAKES JUDICIAL NOTICE that Mr.C will return to the family home; [ 38 ] TAKES JUDICIAL NOTICE that the family will follow a safety plan that will ensure that the adolescent is not alone in the presence of her stepfather until the Director of Youth Protection confirms that the situation remains safe and secure for her; [ 39 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and her family; [ 40 ] THE WHOLE for a period of one year; [ 41 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Signed on June 19, 2017 /cd Mtre Marie-Josée Paiement Counsel for the Director of Youth Protection Mtre Adriana Chofoya-Hunter Counsel for the adolescent Mtre Francis Cloutier Counsel for the mother Dates of hearing: December 21, 2016 and May 17, 2017