r v. J. M., 2013 QCCQ 15164

Centre de santé et de services sociaux de la Baie des Chaleurs c. J.M. 2013 QCCQ 15164 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF BONAVENTURE Civil Division No. 105-40-000164-130 DATE: November 25, 2013 ______________________________________________________________________ PRESENT: THE HONOURABLE JULES BERTHELOT J.C.Q. ______________________________________________________________________ CENTRE DE SANTÉ ET DE SERVICES SOCIAUX DE LA BAIE DES CHALEURS Petitioner v. J. M. Respondent and T. W.

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

[ 1 ] JB4297 GIVEN the motion for confinement in an institution following psychiatric assessments, supported by an affidavit; [ 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 November 21, 2013, and the psychiatric report by Dr.

Philippe Bélanger, dated November 22, 2013, 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 disorganized and is dangerous. He has paranoid schizophrenia decompensated by drug abuse and addiction. At present, there is a grave and immediate risk of auto- and hetero- aggression, given his psychosis.

He is severely disorganized in his thoughts and his conduct. 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, as the physicians had to treat him with a powerful injection to end his disorganization and violence; [ 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 de 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; [ 11 ] ORDERS that notice of this judgment be given to the person on whom the motion was served, and ALLOWS the execution of the judgment by a peace officer, if necessary; [ 12 ] SETS the maximum duration of the confinement in an institution at 30 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.

Mtre. WILLIAM ASSELS Counsel for the petitioner