2017 QCCQ 9581, 2017 QCCQ 9581

Inuulitsivik Health center (Puvirnituq) c. S.N. 2017 QCCQ 9581 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF ABITIBI « Civil Chamber » N° : 640-40-000010-172 DATE : August 21 st , 2017 UNDER OF THE PRESIDENCY OF THE HONOURABLE CLAUDE P. BIGUÉ, J.C.Q. INUULITSIVIK HEALTH CENTER (PUVIRNITUQ) , legal person with its principal establishment at Puvirnituq, district of Abitibi, province of Quebec, J0M 1P0; Plaintiff v. S. N. , (born on […], 1994), […], town A, district A, province of Quebec, […], but currently hospitalized at the Inuulitsivik Health Center ; Defendant And B.

N. , […], town A, district A, province of Quebec, […] ; Mis en cause JUDGMENT [ 1 ] CONSIDERING the “ Motion to institute proceedings to obtain an order of the Court for a confinement in an institution ”; [ 2 ] CONSIDERING the two psychiatric evaluations performed respectively by D r Alberto Luna on August 16 th , 2017 and by D re Viviane Camirand, on August 16 th , 2017 which conclude to the necessity to confine the defendant in an institution; [ 3 ] CONSIDERING that the defendant is a danger to himself according to his mental state; [ 4 ] CONSIDERING that the defendant refuses to be confined in an institution; [ 5 ] CONSIDERING the proof that was presented at the hearing; [ 6 ] CONSIDERING the testimony of the defendant, namely that he just recently returned to his medication after he interrupted taking it for many months, and that he keeps manufacturing narcotic drugs that are dangerous for himself and for other people; [ 7 ] CONSIDERING the diagnostic of paranoid schizophrenia with decompensation that creates on the defendant party a lack of judgement, verbal and uncontrolled violence with his family members, auditive hallucinations and incoherent statements; [ 8 ] CONSIDERING that such a mental state renders the defendant immediately dangerous to him and to others; [ 9 ] CONSIDERING the urgency of the situation and all the circumstances; FOR THESE REASONS, THE COURT:

[ 10 ] GRANTS the plaintiff’s action; [ 11 ] DECLARES that the defendant is a danger to himself and to others regarding his mental state; [ 12 ] SHORTENS the service and the motion presentation delays; [ 13 ] ORDERS to S. N. , the defendant, to subject himself to the confinement in an institution at the Inuulitsivik Health Center for as long as his mental state justifies the confinement, but for at the most thirty (30) days from the date of the judgment; [ 14 ] Consequently, CONFIDES S.

N. , the defendant, to the Inuulitsivik Health Center; [ 15 ] AUTHORIZES the plaintiff to transfer the defendant, at anytime, to another facility that best fits his needs and DECLARES that the present order can be executed by that facility; [ 16 ] ORDERS the peace officers or the paramedics to assist the plaintiff or anyone who is involved in the present order, 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 mis en cause ; [ 18 ] THE WHOLE without costs.

CLAUDE P. BIGUÉ, J.C.Q. David Lecours, lawyer Cain Lamarre, Avocats For the plaintiff Laurent Rivest, lawyer For the defendant B. N., mis en cause Date of the hearing: August 21 st , 2017