2019 QCCQ 18673, 2019 QCCQ 18673

Protection de la jeunesse — 198272 2019 QCCQ 18673 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000619-194 DATE: September 6, 2019 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2014 Child -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 child is four years-old and thus very vulnerable. Until the beginning of July, he lives with his mother, her spouse and their baby girl. [ 2 ] The mother then leaves home with her children, following an altercation with her spouse.

At the time, the mother says she saw her common-law spouse masturbating while filming himself, with their baby daughter just beside him. [ 3 ] The director of youth protection (DYP) alleges that the child suffers psychological ill-treatment, being exposed to conflicts and domestic violence. The DYP notably recommends entrusting the child to his mother. [ 4 ] The mother agrees with the DYP, and so does the child’s counsel. [ 5 ] The father is absent at the hearing.

He has no contact with his son. [ 6 ] Following the hearing, the court concludes that the child is submitted to psychological ill-treatment, which puts his security or development in danger. [ 7 ] Here are the reasons supporting that conclusion. [ 8 ] The mother suffers trauma throughout her life. The DYP is involved in her life, in regard with the child’s situation, from 2015 until 2018. At the time, there are concerns about domestic violence, the mother’s addictions and her personal issues. The mother completes a therapy and cooperates with services, while the father is absent from his son’s life.

The DYP decides to close the file in June 2018. [ 9 ] The mother begins a relationship with her spouse in 2017, but they do not live together until their daughter is born, in February of this year. The relationship is stormy. [ 10 ] The incident that leads to the DYP’s current intervention takes place on July 2, 2019. An altercation occurs between the mother and her spouse that day, in the presence of the child’s sister. [ 11 ] The mother says she surprises her spouse in the kitchen, masturbating, with his cell phone in hand, talking to a girl, while the

baby is just beside him. She reacts immediately, attacking him and yelling. However, in the course of her testimony, the mother states she is not sure, she doesn’t know if it is what it looks like. [ 12 ] The mother then leaves her spouse’s house, with her children, and they live apart since then. [ 13 ] With regard to domestic violence, the mother says they are both violent towards each other. She adds they are both alike, they are angry and need counselling. She states that her spouse is a good dad, that she loves him “to death,” but doesn’t trust him. [ 14 ] The spouse’s version of facts is quite different.

He says that the mother assaults him and that he runs out. He denies any inappropriate sexual behaviour in the presence of his daughter. He says he would never touch himself in front of his daughter. [ 15 ] He also states that, when they break up, the mother steals his computer and sends pictures of his private parts to people. The spouse testifies concerning personal pictures of him on a social media. He provides explanations that the court cannot put aside. [ 16 ] The spouse says he had serious problems in the past, but he changed his life.

Nevertheless, he admits that anger remains an issue and he wants help. [ 17 ] At the end of the day, the DYP does not meet its burden to convince the court that the baby is a victim of any kind of sexual abuse. [ 18 ] However, both children are exposed to conflicts opposing the mother and her spouse. They witness their outbursts. That situation still preoccupies the court. Indeed, it is not clear from the mother’s testimony if they put an end to their relationship.

The child is therefore submitted to psychological ill-treatment. [ 19 ] What are the appropriate protective measures to put in place? [ 20 ] The child will remain with his mother. [ 21 ] The mother has to work on her personal issues and notably get involved in anger management counselling. [ 22 ] In the past, the mother showed her ability and willingness to work with professionals, in the best interest of her children. The court is confident she will still do so.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 23 ] GRANTS the application for protection; [ 24 ] DECLARES that the security and development of X are in danger according to

section 38c) of the youth protection act ; [ 25 ] ORDERS that the child be entrusted to his mother until April 30, 2020; [ 26 ] ORDERS that contacts between the child and his father be determined by the agreement between the parties and AUTHORIZES the DYP to supervise them; [ 27 ] RECOMMENDS that the parents actively participate in psychosocial counselling to help deal with their personal issues; [ 28 ] ORDERS that the parents actively participate to the application in the ordered measures; [ 29 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until April 30, 2020; [ 30 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present measures; [ 31 ] ORDERS the parties to conform themselves to the present order. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Jules Grenier

for the child Mrs. A the mother Mr. B the father (absent) Written judgment filed on October 8, 2019