r v. J. M., 2014 QCCQ 837

Centre de santé et de services sociaux de la Baie-des-Chaleurs c. J.M. 2014 QCCQ 837 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF BONAVENTURE Civil Division N o : 105-40-000170-145 DATE : January 24, 2014 ______________________________________________________________________ PRESENT : THE HONOURABLE JULES BERTHELOT, J.C.Q. (JB-4297) ______________________________________________________________________ CENTRE DE SANTÉ ET DE SERVICES SOCIAUX DE LA BAIE-DES-CHALEURS , Petitioner v. J. M. Respondent and T. W. , Impleaded party.

ORDER FOR CONFINEMENT IN AN INSTITUTION FOLLOWING PSYCHIATRIC ASSESSMENTS (Arts. 26 et seq. of the Civil Code of Québec and 778 et seq. of the Code of Civil Procedure)

1 GIVEN the motion for confinement in an institution following psychiatric assessments, supported by an affidavit; JB4297 105-40-000170-145 2 WHEREAS the motion was served on the respondent and his examination before the Court could be harmful to his health and security; 3 WHEREAS the motion was served on the impleaded party; 4 GIVEN the content of the psychiatric report by Dr. Julie Laroche, dated January 22, 2014, and the psychiatric report by Dr.

Anne- Sophie Rancourt, dated January 23, 2014, which concluded that confinement in an institution was necessary; 5 GIVEN the respondent’s refusal to be hospitalized; 6 WHEREAS the Court has serious reasons to believe that the respondent presents a danger to himself or to others due to his mental state. In fact, the evidence shows that the respondent is very disorganised and is dangerous. He has paranoid schizphrenia decompensated. At present, there is a grave and immediate risk of auto-and hetero-aggression, given his psychosis. He is severely disorganised in his thoughs and his conducts.

He has no judgment or insight. He has a long history of violence. In point of fact, he was clearly violent when he arrived at the hospital. 7 GIVEN the urgency and the need to shorten the time limit for filing the motion; THEREFORE, THE COURT : 8 ALLOWS the motion; 9 SHORTENS the time limit for filing the motion, given the urgency of the situation; 10 ORDERS the respondent, J.

M., to submit immediately to confinement in an institution at the Centre des santé et de services sociaux de la Baie-des-Chaleurs, Hôpital de Maria, or any other hospital centre designated by the director of professional services of the Centre de santé et de services sociaux de la Baie-des-Chaleurs, Hôpital de Maria; 105-40-000170-145 11 ORDERS that notice of this judgement be given to the person on whom the motion was served, and ALLOWS the execution ot the judgement by a peace officer, if necessary; 12 SETS the maximum duration of the confinement in an institution at 90 days or until a new psychiatric clinical examination attests that it is no longer justified; 13 THE WHOLE , without costs, JULES BERTHELOT, J.C.Q.

Me William Assels Counsel for the petitioner