2012 QCCQ 11729, 2012 QCCQ 11729

Protection de la jeunesse — 123859 2012 QCCQ 11729 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT [...] LOCALITY […] Youth Court Division No: 760-41-004185-123 760-41-004186-121 760-41-004184-126 DATE: April 2, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X , born on […], 2004 Y , born on […], 2006 Z , born on […], 2009 Children DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B JC0B11 Parents of the children

JUDGMENT ______________________________________________________________________ CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified. Whomsoever contravenes this

article is guilty of an offence and is liable to a fine [articles 11.2.1 and 135 Y.P.A.]. [ 1 ] Motions for protection are submitted to the Court concerning the siblings, Y , X and Z .

The Petitioner alleges that the situations of the children are in danger in reason of psychological ill treatment (exposure to family conflicts) and physical abuse (unreasonable methods of upbringing). [ 2 ] The Petitioner produces the reports on the analysis of the children's social situation as evidence in lieu of testimony and this, by consent. [ 3 ] The admissions of the parties as to the motion are noted in the Court record and they indicate their assent as to the measures proposed by the Director. [ 4 ] The parents immigrated to Canada approximately 10 years ago.

They are both of [country A] descent, the father being raised in [country B] and the mother in [country C] . The children reside with their parents in city A. [ 5 ] The evidence demonstrates to the satisfaction of the Court that the children are subjected to unreasonable methods of discipline by their parents. [ 6 ] When the children misbehave or have negative comments from school, corporal punishment is regularly used by the parents (hits or slaps with hands or belt).

Y and X verbalize that their father threatens that should they lie, he will heat up a knife and burn their lips, and add remembering seeing their father heat up a knife on the stove when questioning them. [ 7 ] The children are unhappy and scared of their parents. After the initial meeting with the social services, Y and X ask to go to foster care rather than return home. [ 8 ] Y 's reactions are particularly concerning. Powerless to change the family situation and protect her sisters, she often thinks of running away and of having suicidal ideations.

Her disarray is augmented following the intervention, when are added feelings of guilt over having signalled her distress and precipitating the separation of the family. [ 9 ] The parent's relationship is strained. The children witness arguments and incidents of conjugal violence, which is verbal and physical in nature. For a few days in February 2012, the mother and the children reside in a women's shelter, following the father's aggressive and controlling behaviours. [ 10 ] The parents collaborate with the evaluation. At the onset, they underline the strength of their union and minimize any conjugal violence.

The father justifies the use of discipline by the need for respect of family values, and particularly on the issue of lying. The parents reproduce the parenting methods that they learned as children and which are, in their estimation, culturally acceptable and appropriate. The gravity of the impact of the situation on the children is not recognized. [ 11 ] Protective measures are applied on February 23, 2012, the children being placed in foster care, contacts with the parents under supervision.

These measures are prolonged on an emergency and provisional basis. [ 12 ] The Youth Protection Act defines physical abuse as follows: A situation in which the child is the victim of bodily injury or is subjected to unreasonable methods of upbringing by his parents or another person, and the child's parents fail to take the necessary steps to put an end to the situation ; (article 38 (e) 1) Y.P.A.) [ 13 ] Discipline and structure are basic ingredients in a child's upbringing.

Notwithstanding, this parental responsibility is confined by legal, and socially acceptable, boundaries, within which corporal punishment has little place. [ 14 ] The parents are shaken by the intervention of the DYP and measures of placement. They quickly progress through the steps of realization, understanding and finally acceptance, that the violence existing in their relationship and within their parenting methods, impact negatively on the security and development of their children.

The father now attends a domestic violence clinic; the parents attend weekly parenting courses and register for further workshops incorporating the children. [ 15 ] The parents offer sound fundamental values and are clearly devoted to their children. With the removal of fear, the children also demonstrate loving and close relationships with their parents. [ 16 ] The Court is convinced as to the sincerity of the parent's ignorance that physical punishment was inappropriate not only in law, but also in their children's best interests.

This rapid realization, in conjunction with their collaboration and mobilization, enjoins the Court to entrust the children in their home environment with measures of aid, counsel and assistance. [ 17 ] The intervention will support the family in taking the steps to maintain a harmonious environment, of which the vital ingredient is the couple learning to exercise their parental authority in a balanced and coherent way. [ 18 ] The Court therefore determines that the security and the development of the children are in danger in reason of psychological ill treatment and physical abuse.

The recommendations forwarded by the Director of Youth Protection are appropriate and in their best

interests. [ 19 ] For thEse reasons, the Court : [ 20 ] GRANTS the motions; [ 21 ] DECLARES that the security and development of the children are in danger; [ 22 ] ENTRUSTS the children to their parents; [ 23 ] ORDERS that the children and the parents undertake an active

part in the application of the measures designed to put an end to the situation in which the security or development of the children are in danger; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and their parents for a period of one (1) year; [ 25 ] ENTRUSTS the situation of the child to the Director of Youth Protection of Le Centre jeunesse A for the execution of the measures. __________________________________ BEATRICE CLEMENT, J.C.Q. Me Karine Nantais Attorney for the Petitioner Me Robert E. Reynolds Attorney for the parents Me Karine P. Poissant Attorney for the children Date of hearing: April 2, 2012