2022 QCCQ 4446, 2022 QCCQ 4446
Opinion
Ungava Tulattavik Health Center (Kuujjuaq) c. D.W. 2022 QCCQ 4446 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ABITIBI Civil Division No: 635-40-000114-222 DATE: July 8, 2022 ______________________________________________________________________ BY THE HONOURABLE CLAUDE P. BIGUÉ, J.C.Q. ______________________________________________________________________ UNGAVA TULATTAVIK HEALTH CENTER (KUUJJUAQ) , Applicant v. D. W. (born on [...], 1987 Defendant and G.
W., (father of the defendant), Impleaded party ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] CONSIDERING the “Motion to institute proceedings to obtain an order of the Court for a provisory confinement in an institution in order to proceed to psychiatric evaluations”; [ 2 ] CONSIDERING the short assessment performed by D r.
Annie Lemay on July 5, 2022 , which concludes to the necessity to conduct two (2) psychiatric assessments of the defendant, because the defendant is a danger to himself and to others according to his mental state; [ 3 ] CONSIDERING that the defendant refuses to voluntarily remain hospitalized and to subject himself to psychiatric assessments; [ 4 ] CONSIDERING the testimonies of the defendant, his father and his mother; [ 5 ] CONSIDERING the testimony of D r.
MariAnge Di Liello-Roberge; [ 6 ] CONSIDERING the evidence that was presented at the hearing and for the reasons exposed orally by the Court at the hearing; [ 7 ] CONSIDERING the urgency of the situation and all the circumstances; FOR THESE REASONS, THE COURT: [ 8 ] GRANTS the applicant’s action; [ 9 ] ORDERS the confidentiality and the restricted access to the file and to the recording of legal proceedings to the parties involved, their representatives, lawyers, notaries and persons designated by law, including minister of Justice; [ 10 ] ORDERS the anonymity of the defendant be guaranteed, including when the judgment will be published; [ 11 ] SHORTENS the service and the motion presentation delays; [ 12 ] DECLARES that the defendant is a danger to himself regarding his mental state; [ 13 ] ORDERS to M r.
D. W. , the defendant, to subject himself to provisional confinement in the institution at the applicant's establishment for the time prescribed by law, in order to carry out the necessary psychiatric evaluations and, if necessary, so that an application may be made for the issuance of a confinement order in an institution; [ 14 ] Consequently, CONFINES M r. D. W. , the defendant, to the Ungava Tulattavik Health Center; [ 15 ] AUTHORIZES the applicant to transfer the defendant, at anytime, to another facility that best fits his needs and DECLARES that the order to be pronounced can be executed by that facility;
[ 16 ] ORDERS the peace officers and/or the paramedics to assist the applicant and/or anyone who is involved in the order to be pronounced, on their verbal request, if assistance is needed for the execution of this order because the defendant, wherever he is, would not conform to this order; [ 17 ] ORDERS THE NOTIFICATION of the judgment to the defendant and to the Impleaded party; [ 18 ] THE WHOLE without costs. __________________________________ CLAUDE P. BIGUÉ, J.C.Q. Mtre Maude Dagenais Cain Lamarre, Avocats Counsel for the applicant Mtre Cassandra Neptune Centre communautaire juridique de l’A.-T.
Counsel for the defendant Mr. G. W. Personnally Impleaded party Date of hearing: July 8, 2022
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