2023 QCCQ 839, 2023 QCCQ 839
Opinion
Inuulitsivik Health Center (Puvirnituq) c. J.T. 2023 QCCQ 839 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF AITIBI TOWN OF PUVIRNITUQ Civil Division No: 640-40-000102-235 DATE: March 7, 2023 ______________________________________________________________________ BY THE HONOURABLE CLAUDE P. BIGUÉ, J.C.Q. ______________________________________________________________________ INUULITSIVIK HEALTH CENTER (PUVIRNITUQ) Plaintiff v. J. T. (born [...], 1993 ), Defendant and A.
T., (mother of the defendant) Impleaded Party ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] CONSIDERING the “Motion to institute proceedings to obtain an order of the Court for a confinement in an institution”; [ 2 ] CONSIDERING the two evaluations performed by D r. Gabriel Demers, physician, on March 3 rd , 2023 , and D r.
Eduardo Chachamovich, psychiatrist, on March 4 th , 2023 , which conclude that the defendant represents a danger to himself and others due to his mental state and that he needs to be confined in an institution; [ 3 ] CONSIDERING the detailed affidavit of D r.
Gabriel Demers; [ 4 ] CONSIDERING the testimonies of the defendant and his mother; [ 5 ] CONSIDERING the evidence that was presented at the hearing; [ 6 ] CONSIDERING that the plaintiff has proven that the defendant is a danger to himself and others according to his mental state; [ 7 ] CONSIDERING that the defendant refuses to voluntarily remain hospitalized; [ 8 ] CONSIDERING the urgency of the situation and all the circumstances; FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the plaintiff’s action; [ 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 ] SHORTENS the service and the motion presentation delays; [ 13 ] DECLARES that the defendant is a danger to himself and others regarding his mental state; [ 14 ] ORDERS to M r.
J. T. , the defendant, to subject himself to the confinement in an institution at the Inuulitsivik Health Center as long as his mental state justifies the confinement, but at the most 30 days from the date of this judgment; [ 15 ] Consequently, CONFINES M r. J.
T. , the defendant, to the Inuulitsivik Health Center; [ 16 ] AUTHORIZES the plaintiff to transfer the defendant, at anytime, to another facility that best fits his needs and DECLARES that the judgment can be executed by that facility; [ 17 ] ORDERS the peace officers and/or the paramedics to assist the plaintiff and/or anyone who is involved in the present
judgment, 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; [ 18 ] ORDERS THE NOTIFICATION of the judgment to the defendant and to the Impleaded Party ; [ 19 ] THE WHOLE without costs. __________________________________ CLAUDE P. BIGUÉ, J.C.Q. Mtre Olivier Lacoursière, lawyer Cain Lamarre, Avocats Counsel for the plaintiff Mtre Mathias Czor Centre communautaire juridique de l’A.-T. Counsel for the defendant Mrs. A. T. Personally Impleaded Party Date of hearing: March 7, 2023
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