2022 QCCQ 3341, 2022 QCCQ 3341
Opinion
Inuulitsivik Health Center (Puvirnituq) c. A.E. 2022 QCCQ 3341 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ABITIBI Civil Division No: 640-40-000087-220 DATE: May 30, 2022 ______________________________________________________________________ BY THE HONOURABLE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ INUULITSIVIK HEALTH CENTER (PUVIRNITUQ) Plaintiff v. A.
E. (born [...], 1987) 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.
Émilie Gagnier-Marandola on May 27, 2022 , which conclude to the necessity to conduct two (2) psychiatric assessments of the defendant because the defendant is a danger to himself and others according to his mental state; [ 3 ] CONSIDERING that the defendant refuses to voluntarily remain hospitalized and to subject himself to psychiatric assessments; [ 4 ] CONSIDERING the testimony of the defendant; [ 5 ] CONSIDERING the detailed affidavit of D r.
Émilie Gagnier-Marandola; [ 6 ] CONSIDERING the evidence that was presented at the hearing; [ 7 ] CONSIDERING the urgency of the situation and all the circumstances; FOR THESE REASONS, THE COURT: [ 8 ] GRANTS the plaintiff’s action; [ 9 ] SHORTENS the service and the motion presentation delays; [ 10 ] 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; [ 11 ] ORDERS the anonymity of the defendant be guaranteed, including when the judgment will be published; [ 12 ] DECLARES that the defendant is a danger to himself and others regarding his mental state; [ 13 ] ORDERS to M r.
A. E. the defendant, to subject himself 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; [ 14 ] Consequently, CONFINES M r. A. E. , the defendant, to the Inuulitsivik Health Center; [ 15 ] AUTHORIZES the plaintiff to transfer the defendant, at anytime, to another facility that best fits his needs and DECLARES that the order to be pronounced can be executed by that facility;
[ 16 ] 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 he is, would not conform to this order; [ 17 ] ORDERS THE NOTIFICATION of the judgment to the defendant and to the mise en cause ; [ 18 ] THE WHOLE without costs. __________________________________ NATHALIE SAMSON, J.C.Q. Mtre David Lecours Cain Lamarre, Avocats Counsel for the plaintiff Mr. A. E. Personnellement Defendant Public Curator of Québec Personnellement Mis en cause Date of hearing: May 30, 20222
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