2020 QCCQ 14639, 2020 QCCQ 14639

Protection de la jeunesse — 2010136 2020 QCCQ 14639 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 614-41-000643-207 DATE: December 7, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , Youth Protection Worker, duly authorized by the Director of Youth Protection A Board of Health and Social Services A Applicant and X (Born on [...], 2009) Youth and A Mother and B Father _____________________________________________________________________ JUDGMENT (Sections 38 and 91 of the Youth Protection Act ) ______________________________________________________________________ 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 Director of Youth Protection submits an application asking the Court to declare that the security and the development of X, twelve years old, are endangered pursuant to sections 38 b) 1 (

i) and

f) of the Youth Protection Act . [ 2 ] The youth is present at the hearing and is represented by Mtre. Yan Massé. Both parents, also present, are represented by Mtre. Marie-Josée Ayoub and Mtre.

Adélia Ferreira acts on behalf of the Director. [ 3 ] The application of the Director of Youth Protection is not challenged by the parents and the youth, they are also in agreement with the recommendations made to the Court. [ 4 ] Even though the parents do not recognize the neglect of their youth’s hygiene, this one acknowledges it at the hearing. [ 5 ] The admissions made by the parties and the report filed show preponderant evidence of the following facts. [ 6 ] The situation of the youth was first reported to the Director of Youth Protection in January 2020, with regards to allegations of neglect. [ 7 ] At that time, the youth was not attending school on a regular basis.

He was often seen with the same clothes, had poor hygiene and was smelling bad. When met, the parents minimized the situation and they gave various excuses. [ 8 ] Still, since the beginning of the present school year, the youth has not attended regularly. [ 9 ] He is known to smoke cigarettes and cannabis, but states that he has quit since his placement. [ 10 ] On October 12, 2020, the youth, with two other boys, was part of an event involving firearms. Shots were fired into a house and toward the school.

The three of them, in a joint venture, broke into a home to steal guns. [ 11 ] At one point, a firearm was aimed at a female teenager. She was threatened and a shot was fired in the air close to her. [ 12 ] The youth has been suspended from school and, at the time of the hearing, was not reintegrated.

[ 13 ] Consequences were given to the youth by the parents. [ 14 ] On October 30, 2020, provisional measures were ordered. The youth was then entrusted to his parents with many conditions. [ 15 ] As a prerequisite to being reintegrated into school, X has to participate in a healing circle in collaboration with the authority of the school and Justice Department A. In the meantime, the youth was given homework to do. As he has special needs, it was difficult for the parents to help him. [ 16 ] He must attend school because of the learning delays he presents.

It is more important for him to be present at school than for any other average teenager. [ 17 ] It must be explained to the youth that the situation that occurred in October could have been much worse. He could have harmed someone or himself. Firearms are not toys for a twelve-year-old youth. It is also known that X could be easily influenced by peers. It is important to supervise his choice of friends and acquaintances. [ 18 ] The measures recommended by the Director seem adequate in the youth’s situation.

FOR THESE MOTIVES, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and the development of X born on [...], 2009, are endangered pursuant to sections 38 b) 1 (

i) and

f) of the Youth Protection Act ; [ 21 ] MAINTAINS the youth with his parents ; [ 22 ] ORDERS that the youth attend school regularly when he is reintegrated and that his absences be justified to the school and declared to the Social Worker; [ 23 ] ORDERS the youth to follow the rules and regulations of the school and the rules established by the parents at home; [ 24 ] STRONGLY RECOMMENDS that the school board take all necessary steps in order to provide the youth with homeschooling until he is fully reintegrated; [ 25 ] ORDERS that aid, counselling and assistance be provided to the youth and his family for a period of one year ; [ 26 ] ORDERS that the youth and his parents fully collaborate with the Director of Youth Protection and meet with the Social Worker upon request; [ 27 ] ORDERS the parents to ensure that the youth has proper hygiene; [ 28 ] PROHIBITS X to smoke cigarettes or cannabis; [ 29 ] PROHIBITS X from handling firearms except with the presence and the supervision of a responsible adult; [ 30 ] AUTHORIZES the Director of Youth Protection to share and obtain information from all the service providers working with the youth or the family; [ 31 ] ENTRUSTS the situation of the youth to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q .

Mtre. Adelia Ferreira Ferreira Lempicka attorneys Attorney for the applicant Mtre. Yan Massé Centre Communautaire Juridique A Attorney for the youth Mtre. Marie-Josée Ayoub Ayoub Avocats Inc Attorney for the mother and the father

Date of hearing: December 7, 2020