2017 QCCQ 9821, 2017 QCCQ 9821

Ungava Tulattavik Health Center c. M.A. 2017 QCCQ 9821 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF ABITIBI « Civil Chamber » N° : 635-40-000017-177 DATE : July 3 rd , 2017 UNDER OF THE PRESIDENCY OF THE JUDGE MARC OUIMETTE, J.C.Q. (JO 0341) UNGAVA TULATTAVIK HEALTH CENTER , legal person with its principal establishment at Kuujjuaq, district of Abitibi, province of Quebec, J0M 1C0; Plaintiff v. M. A. , (born on […], 2001), living in a group home in City A, district of Abitibi, province of Quebec, […], but presently hospitalized at the Ungava Tulattavik Health Center ; Defendant and L.

A. (mother of the defendant), House […], town of City B, district of Abitibi, province of Quebec, […] ; Mise 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 Rachel Bourque on June 28 th , 2017 and by D r Cedric Andres on June 28 th , 2017, which conclude to the necessity to confine the defendant in an institution; [ 3 ] CONSIDERING that the defendant is a danger to herself according to her mental state; [ 4 ] CONSIDERING that the defendant refuses to be confine in an institution; [ 5 ] CONSIDERING the proof that was presented at the hearing; [ 6 ] CONSIDERING the statement of the defendant; [ 7 ] CONSIDERING the urgency of the situation and all the circumstances; FOR THESE REASONS, THE COURT: [ 8 ] GRANTS the plaintiff’s action; [ 9 ] DECLARES that the defendant is a danger to herself regarding her mental state; [ 10 ] SHORTENS the service and the motion presentation delays; [ 11 ] ORDERS to M.

A. , the defendant, to subject herself to the confinement in an institution at the Ungava Tulattavik Health Center for as long as her mental state justifies the confinement, but for at the most thirty (30) days from the date of the judgment; [ 12 ] Consequently, CONFIDES M. A. , the defendant, to the Ungava Tulattavik Health Center;

[ 13 ] AUTHORIZES the plaintiff to transfer the defendant, at anytime, to another facility that best fits her needs and DECLARES that the present order can be executed by that facility; [ 14 ] 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 she is, would not conform to this order; [ 15 ] ORDERS THE NOTIFICATION of the judgment to the defendant and to the mise en cause; [ 16 ] THE WHOLE without costs.

MARC OUIMETTE, J.C.Q. (JO 0341) Kathy Tremblay, lawyer Cain Lamarre, Avocats For the plaintiff Joannie Jacob, lawyer Centre communautaire juridique d’Abitibi-Témiscamingue For the defendant L. A., mise en cause Date of the hearing: July 3 rd , 2017