2017 QCCQ 16023, 2017 QCCQ 16023

Protection de la jeunesse — 176678 2017 QCCQ 16023 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-032818-171 DATE : September 19, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2015 child 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 September 19, 2017. [ 2 ] The Director of Youth Protection (the Director) alleges that the child is subjected to psychological ill treatment. [ 3 ] The Director recommends that the child be entrusted to the mother’s care and that support measures be ordered for a period of one year. [ 4 ] The parents and the child’s attorney are in agreement with the proposed measures.

Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 6 ] The child has been exposed to several and regular episodes of conflict and conjugal violence between the parents. [ 7 ] During these incidents, the parents have thrown objects at each other in the child’s presence. [ 8 ] On April 8, 2017, the father grabbed, shoved and punched the mother. The mother reports that she was hit with a shovel on her forehead. The father denies using a shovel to hit the mother.

While this was happening, the child and his brother were in another room of the apartment. On the same day, the mother left the family residence. The father was arrested. He is facing charges of forcible confinement and assault with a weapon causing bodily harm. He has criminal conditions not to have any contact with the mother except with her consent. The conditions also provides that he should not be within a 300 meters radius of the mother’s domicile except with the Director’s consent. [ 9 ] The father is consuming marijuana on a daily basis.

He is now living with his mother in Cote St.Luc and recognizes that the violence has an impact on the child.

[ 10 ] The father has actively participated and completed his court ordered Anger Management Program. He plans to continue attending certain sessions. He hopes to find resources that can provide couple counseling. [ 11 ] The mother has been referred to different organisations to receive support services. She confirmed that she has consumed marijuana on occasions. She is concerned about the impact the conjugal violence may have on both children. For a certain period, she lived with the children at a friend’s place. From May 8 to May 26, 2017, she resided with the children, in a Women’s Shelter.

On May 26, 2017, she returned with the children to live in the family residence. [ 12 ] The parents have not always respected the father’s criminal court condition not to be at 5173 Trans Island except with the consent of the Director, and not to be within 300 meters of the mother and her domicile, place of work and school, except with the consent of the Director. At this point, the parents wish to reunite. THEREFORE AND FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the application; [ 14 ] DECLARES that the security or the development of the child is endangered (

section 38

c) of the Youth Protection Act ); [ 15 ] ORDERS that the child be entrusted to the care of his mother; [ 16 ] ORDERS that the parents ensure that the child is not exposed to any form of violence (verbal, physical, psychological, emotional); [ 17 ] STRONGLY RECOMMENDS that the mother receive support services to address her experience of conjugal violence and gain insight on the cycle of violence and corresponding impact on the child; [ 18 ] STRONGLY RECOMMENDS that the parents take steps to address their personal and collective issues, including communication skills and report their progress to the Director of Youth Protection; [ 19 ] AUTHORIZES the Director of Youth Protection to exchange pertinent information with treating professionals; [ 20 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and his family; [ 21 ] THE WHOLE for a period of twelve months; [ 22 ] 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 October 3, 2017 /cd Mtre Myriam DeBlois Counsel for the Director of Youth Protection Mtre Laurence Marceau Counsel for the child Mtre Younes Ameur Counsel for the mother Date of hearing: September 19, 2017