2020 QCCQ 3437, 2020 QCCQ 3437
Opinion
Inuulitsivik Health Center (Puvirnituq) c. I.M. 2020 QCCQ 3437 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF ABITIBI « Civil Chamber » No: 640-40-000051-200 DATE: AUGUST 31, 2020 ______________________________________________________________________ UNDER OF THE PRESIDENCY OF THE HONOURABLE THIERRY POTVIN, J.C.Q. ______________________________________________________________________ INUULITSIVIK HEALTH CENTER (PUVIRNITUQ) legal person with its principal establishment at the town of Puvirnituq, district of Abitibi, province of Quebec, J0M 1Y0; Plaintiff v. I.
M. (born [...] , 2001), town A, district of Abitibi, province of Quebec, [...] , but currently hospitalized at the Inuulitsivik Health Center in Puvirnituq ; Defendant and J. M. (father of the defendant), [...], town A, district of Abitibi, province of Quebec, [...]; Mis en cause ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] CONSIDERING the “Motion to institute proceedings to obtain an order of the Court for a confinement in an institution” ; [ 2 ] CONSIDERING the evaluations performed by D r.
Eduardo Chachamovich, psychiatrist, on August 27, 2020 , and D r Yasmina Doyon-Leroux, physician, on August 28, 2020 , which conclude to the necessity to hospitalize the defendant because she is a danger to herself and others according to her mental state; [ 3 ] CONSIDERING the testimony of Dr Doyon-Leroux; [ 4 ] CONSIDERING that the defendant is a danger to herself and others according to her mental state; [ 5 ] CONSIDERING that the defendant refuses to voluntarily remain hospitalized; [ 6 ] CONSIDERING the urgency of the situation and all the circumstances; [ 7 ] CONSIDERING the consent of the defendant; FOR THESE REASONS, THE COURT: [ 8 ] GRANTS the plaintiff’s action; [ 9 ] DECLARES that the defendant is a danger to herself and to others regarding her mental state; [ 10 ] SHORTEN the service and the motion presentation delays; [ 11 ] ORDERS to M.
I. M. , the defendant, to subject herself to the confinement in an institution at the Inuulitsivik Health Center as long as her mental state justifies the confinement, but at the most 30 days from the date of the judgment to be rendered; [ 12 ] Consequently, CONFINES M. I. M. , the defendant, to the Inuulitsivik Health Center; [ 13 ] 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;
[ 14 ] 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; [ 15 ] ORDERS the confidentiality and restricted access to the file and to the recording of the debates; [ 16 ] ORDERS THE NOTIFICATION of the judgment to the defendant and to the mis en cause; [ 17 ] THE WHOLE without costs. Amos, September 1, 2020 ______________________________ THIERRY POTVIN, J.C.Q.
David Lecours, lawyer Cain Lamarre, Avocats For the plaintiff David Boudreau, lawyer Legal Aid For the defendant J. M., mis en cause Date of hearing: AUGUST 31, 2020
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