2020 QCCA 1124, 2020 QCCA 1124

Droit de la famille — 201302 2020 QCCA 1124 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-029041-209 ( 550-12-034843-184 ) MINUTES OF HEARING RECTIFIED ON SEPTEMBER 10, 2020 DATE: September 4, 2020 THE HONOURABLE ROBERT M. MAINVILLE, J.A. APPLICANT COUNSEL C. g. Mtre Daniel Romano ( Kalman Samuels ) Absent RESPONDENT COUNSEL CA. H.

Mtre Geneviève Blais ( Duclos Blais ) Absent IMPLEADED PARTY COUNSEL ATTORNEY GENERAL OF quebec – ministry of justice, central authority for quebec Mtre Andrea Boivin-Claveau ( Bernard, Roy (Justice-Québec) ) Absent DESCRIPTION: Application for leave to appeal a judgment rendered in the course of the proceeding on July 27 th 2020 by the honourable Suzanne Tessier of the Superior court, District of Gatineau. (Art. 31 C.C.P. ) Application to suspend the provisional execution. (Art. 660 C.C.P. ) Clerk at the hearing : Elisabeth Lepage Courtroom: RC-18

HEARING BY THE JUDGE: Judgment correcting the one rendered on September 4, 2020. See page 4. Elisabeth Lepage, Clerk at the hearing RECTIFIED JUDGMENT [ 1 ] The applicant, C. G., is seeking leave to appeal the judgment dated July 27, 2020 of the Honourable Madam Justice Suzanne Tessier of the Superior Court of Quebec, district of Gatineau, and is further seeking a stay of the execution of that judgment pending the outcome of his appeal. [ 2 ] The judgment sets out various temporary orders valid for a period of 60 days, including, inter alia : (

a) granting the mother, respondent Ca. H., sole custody of the child X, born on [...], 2017; (

b) immediately withdrawing any access rights the applicant, C. G., may have with respect to the child X; (

c) temporarily withdrawing any parental rights the applicant, C. G., may have with respect to the child X, as set out in the Civil Code of Quebec ; (

d) ordering the immediate return of the child X to the mother, respondent Ca. H.; (

e) ordering the immediate return to Canada of the said child X to her mother, respondent Ca. H.; (

f) authorizing the police authorities of Canada, the United States of America and Mexico to take all necessary actions and means at their disposal to execute the judgment, including ensuring the immediate return to Canada of the said child X to the mother, respondent Ca. H.; (

g) ordering the provisional execution of the judgment notwithstanding appeal. [ 3 ] These orders were issued within the context of an international abduction of the child X carried out in Mexico by the applicant C.

G. in blatant contempt of the judgments and orders of the Superior Court of Quebec. [ 4 ] At the hearing on the application, the parties’ attorneys informed the Court that the child had been returned to the mother by Mexican authorities and that both the mother and the child were back in Canada as of August 25, 2020. [ 5 ] As a result of this change in situation, the applicant now seeks leave to appeal only with respect to the order set out in paragraph 102 of the July 27, 2020 judgment, which reads as follows: [102] WITHDRAWS any parental rights [C.

G.] may have regarding the child, removing his parental capacity temporarily as outlined under the Civil Code of Quebec ; [ 6 ] Furthermore, the Court was also informed that the mother, respondent Ca.

H., will be seeking a renewal of the orders set out in the July 27, 2020 judgment and that a hearing for such purpose has been requested in the Superior Court sitting in Gatineau, Quebec, for September 22, 2020. [ 7 ] In light of all these circumstances, granting leave to appeal on the sole issue of paragraph 102 of the July 27, 2020 judgment will be denied as the matter of the continuation of the temporary withdrawal of the applicant’s parental rights would be better determined by the Superior Court based on a fully updated evidentiary record.

FOR THESE REASONS, THE UNDERSIGNED: [ 8 ] DISMISSES the application of C. G. seeking leave to appeal the judgment dated July 27, 2020 of the Honourable Madam Justice Suzanne Tessier of the Superior Court of Quebec, district of Gatineau, in Superior Court file number 550-12-034843-184; [ 9 ] DISMISSES the application seeking to stay the provisional execution of the said judgment;

[ 10 ] THE WHOLE with legal costs. ROBERT M. MAINVILLE, J.A.