Judge blames Batshaw in sex abuse case

Youth was assaulted three times in one of agency’s Montreal area group homes

In a decision made public Tuesday, Youth Court Judge Jacques Nadeau has condemned Batshaw Youth and Family Centres for failing a young girl in its protection, allowing her to be sexually abused three times in one of its Montreal area group homes. The case, brought to the attention of the court by one of the child’s social workers, involves a girl who was only nine and 10 years old at the time of the three incidents, between November 2016 and August 2017. As the decision makes clear, she was already severely traumatized when she was placed in the home. Physically abused by both her mother and stepfather, the girl, who cannot be identified, was also sexually and psychologically abused in a house where drugs and drug dealers, were frequently present. The girl had scars from cigarette burns and bruises, and on one occasion, during a trip to Toronto for the Christmas holidays when she was five, she was confined to a floor compartment within the vehicle. Within a few months, the court had taken the girl away from her mother and entrusted her to Batshaw’s care. Three years later, however, the girl would be sexually abused again — this time by other children placed under Batshaw’s protection, themselves victims of sexual abuse. Over a period of nine months, the girl was abused by two boys, 10 and 11 years old. Once in her bedroom, once in the bathroom that they shared, and a third time while playing hide and seek. In the second incident, in May 2017, one of the boys offered her a fidget spinner and an MP3 player. She said no, but he didn’t stop, the court learned. Despite being placed in this particular home because it was said to offer a highly structured and supervised environment, the girl was repeatedly re-traumatized. In her own words to the social worker, it was her “role” to be abused because she was the youngest and the older girls said no. Claire Roy, the spokesperson for Batshaw Youth and Family Centres, did not return calls Wednesday. But the former director of the organization, the English wing of Quebec youth protection services, did testify before Nadeau, admitting, according to the judge, “there was a lack of appropriate supervision, as well as a lack of understanding of safety plans during all three incidents.” (Assunta Gallo has since been replaced as director of Batshaw by her former assistant director, Linda See.) Even after the first two incidents, the girl and the two boys remained together in the same home. At times, they were the only children there. “The Court also shares the concern expressed by the social worker ... that by being maintained at the unit with both ( boys) after the first two incidents and having interactions with them during meal times and other activities, this sent the wrong message to (the girl) and the other children.” Nadeau concludes by declaring that the child’s rights “have been wronged or violated by the director of youth protection” and “issues a blame to the director of youth protection for its overall handling of the situation” with the girl and the three incidents. “The evidence reveals two sources at the root of the incidents, namely the high level of staff turnover, which includes a significant number of recall staff at the unit, as well as the inappropriate clinical program model applied on this unit at the time of the incident.” The ruling orders Batshaw to assign a shadow who will be with the girl at all times, and to continue to provide art therapy and psychological or psychiatric therapy for as long as is deemed necessary by the mental health professional appointed to the girl’s case. Marie-Josée Ayoub, who represented the girl in court, said she is satisfied by the ruling. “The child is now protected — that was the priority. I asked for a shadow for her, and the ( judge) gave it to me.” But what is also important about this case, Ayoub continued, is that it is the first time a judge has ruled that a child’s constitutional rights have been violated, not just her rights under the Youth Protection Act, but her rights under the Quebec and Canadian Charter of Rights. “It’s important because it establishes that even if we all know that Canadians have constitutional rights, this is a reminder that children also have constitutional rights. This decision could open the door to other possibilities so people can be accountable for what they’re doing.” And when there’s a violation of someone’s constitutional rights, the victim can claim damages, Ayoub said. “Every case is unique. What is not unique is that sometimes children have needs and they are not getting the services they need. ... I hope this decision will help others.”