2018 QCCQ 16147, 2018 QCCQ 16147

Protection de la jeunesse — 187161 2018 QCCQ 16147 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000483-153 DATE: August 8, 2018 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2002 Adolescent and A and B Parents/Defendants ______________________________________________________________________ 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 ] On March of 2018, the Court orders that the youth be entrusted to a rehabilitation center until June 20, and then back to his mother’s care. The director of youth protection (DYP) submits that the situation still requires the application of protective measures, and therefore asks the Court to revise and extend the previous judgment. [ 2 ] The DYP recommends that the youth remain with his mother. The adolescent and the mother are of the same opinion.

However, the father is very reluctant, arguing that his son still show serious behavioural disturbances and require a structure that neither the mother nor himself can provide. [ 3 ] The evidence reveals the following situation. [ 4 ] While entrusted to the rehabilitation centre, the youth challenges rules and authority at first. However, as time goes by, his behaviour improves. He participates in the achievement of the goals set forth in his intervention plan. [ 5 ] The youth successfully completed the last school year. [ 6 ] The adolescent meets with an addiction counsellor and his drug use has decreased.

However, he does not consider cannabis as a problem and therefore refuses to banish it from his life. [ 7 ] At home, the mother implements rules and she says the youth respects her authority. Communication between mother and son is good. They spend time together fishing. The mother is aware of her son still drinking and smoking marijuana, even though she tries to deviate him. [ 8 ] Needless to say that the situation is not perfect. In July, an incident takes place and the youth gets into an altercation with his paternal grandfather. [ 9 ] The relationship between the adolescent and his father is problematic.

As a matter of fact, they did not have a real one on one conversation for the last several months. The father is obviously worried as he fears the situation is or will get out of control. He is preoccupied by his son’s drinking and drug use. [ 10 ] Despite the father’s worries, the evidence allows the Court to grant the application. Of course, the youth’s use of alcohol and

marijuana, which played a significant

part in his previous problems, may lead to the deterioration of the situation. Hopefully, it will not, and the Court has to assess the evidence as it is. [ 11 ] On the balance of probabilities, the Court concludes that the application is well founded. It is clear that the security or development of the adolescent is still in danger. [ 12 ] The recommended measures appear to be in the youth’s best interest, considering the improvement of the situation. WHEREFORE, THE COURT: [ 13 ] GRANTS the application for revision and extension of order; [ 14 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 15 ] REVISES AND EXTENDS the Court order rendered on March 15, 2018; [ 16 ] ENTRUSTS the adolescent to his mother; [ 17 ] RECOMMENDS that the adolescent continue to participate in an addiction's counselling; [ 18 ] RECOMMENDS that the adolescent continue to submit himself to random drug screening tests; [ 19 ] ORDERS to the adolescent and his parents to actively participate in the ordered measures; [ 20 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and his family until January 31, 2019; [ 21 ] ENTRUSTS the situation of the adolescent to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the adolescent Mrs. A the mother Mr. B the father Written judgment filed on September 4, 2018