2020 QCCQ 2660, 2020 QCCQ 2660
Opinion
Ungava Tulattavik Health Center (Kuujjuaq) c. S.D. 2020 QCCQ 2660 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF ABITIBI TOWN OF AMOS Civil Division No: 635-40-000066-208 DATE: MAY 26, 2020 ______________________________________________________________________ BY THE HONOURABLE THIERRY R. POTVIN, J.C.Q. ______________________________________________________________________ UNGAVA TULATTAVIK HEALTH CENTER (KUUJJUAQ) , legal person with its principal establishment at the town of Kuujjuaq, district of Abitibi, province of Quebec, J0M 1C0 Plaintiff v. S.
D. (born on [...], 2001 ), domiciled in town A, district of Abitibi, province of Quebec, [...] , but currently hospitalized at the Ungava Tulattavik Health Center in Kuujjuaq ; Defendant and PUBLIC CURATOR OF QUEBEC Mis en cause ______________________________________________________________________ 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 evaluation performed by D r.
Annie Lemay on May 26 th , 2020 , which conclude to the necessity to conduct two ( 2 ) psychiatric assessments of the defendant because the defendant is a danger to herself to her mental state; [ 3 ] CONSIDERING the testimony of D r.
Annie Lemay; [ 4 ] CONSIDERING that the defendant is a danger to herself according to her mental state; [ 5 ] CONSIDERING that the defendant refuses to voluntarily remain hospitalized and to subject herself to psychiatric assessments; [ 6 ] CONSIDERING the urgency of the situation and all the circumstances; FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the plaintiff’s action; [ 8 ] DECLARES that the defendant is a danger to herself regarding her mental state; [ 9 ] SHORTENS the service and the motion presentation delays; [ 10 ] ORDERS to M rs. S.
D. the defendant, to subject herself 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 in an institution; [ 11 ] Consequently, CONFINES M rs. S.
D. , the defendant, to the Ungava Tulattavik Health Center; [ 12 ] AUTHORIZES the plaintiff to transfer the defendant, at any time, to another facility that best fits her needs and DECLARES that the order to be pronounced can be executed by that facility; [ 13 ] ORDERS the peace officers and/or the paramedics to assist the plaintiff 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 she is, would not conform to this order;
[ 14 ] ORDERS THE NOTIFICATION of the judgment to the defendant and to the mis en cause ; [ 15 ] THE WHOLE without costs. __________________________________ THIERRY R. POTVIN, J.C.Q. David Lecours, lawyer Cain Lamarre, Avocats For the plaintiff David Boudreau, lawyer Legal Aids For the defendant Public Curator of Quebec, mis en cause Date of hearing: MAY 26, 2020
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