2022 QCCQ 3339, 2022 QCCQ 3339
Opinion
Ungava Tulattavik Health Center (Kuujjuaq) c. S.A. 2022 QCCQ 3339 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ABITIBI Civil Division No: 635-40-000112-226 DATE: May 26, 2022 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ UNGAVA TULATTAVIK HEALTH CENTER (KUUJJUAQ) Plaintiff v. S.
A. (born on [...], 2002) Defendant and PUBLIC CURATOR OF QUÉBEC 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 evaluation performed by D r.
Alexandra Vivier on May 24, 2022 , which conclude to the necessity to conduct two (2) psychiatric assessments of the defendant because the defendant is a danger to herself according to her mental state; [ 3 ] CONSIDERING that the defendant agree to voluntarily remain hospitalized and to subject herself to psychiatric assessments; [ 4 ] CONSIDERING the report wrote by Dr.
Marie-Eve Cotton, psychiatrist, on May 23, 2022 ; [ 5 ] CONSIDERING the evidence that was presented at the hearing; [ 6 ] CONSIDERING the urgency of the situation and all the circumstances; FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the plaintiff’s action; [ 8 ] SHORTENS the service and the motion presentation delays; [ 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 ] DECLARES that the defendant is a danger to herself regarding her mental state; [ 12 ] ORDERS to M rs.
S. A. , 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 order in an institution; [ 13 ] Consequently, CONFINES M rs. S.
A. , the defendant , to the Ungava Tulattavik Health Center; [ 14 ] 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; [ 15 ] ORDERS the peace officers or the paramedics to assist the plaintiff 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;
[ 16 ] ORDERS THE NOTIFICATION of the judgment to the defendant and to the Impleaded Party ; [ 17 ] THE WHOLE without costs. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Olivier Lacoursière Cain Lamarre, Avocats Counsel for the plaintiff Mtre Cassandra Neptune Centre Communautaire juridique de l’A.-T. Counsel for the defendant Public Curator of Québec Impleaded Party Date of hearing: May 26, 2022
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