2022 QCCQ 142, 2022 QCCQ 142
Opinion
Inuulitsivik Health Center (Puvirnituq) c. J.C. 2022 QCCQ 142 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ABITIBI Civil Division No: 640-40-000076-223 DATE: January 12, 2022 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ INUULITSIVIK HEALTH CENTER (PUVIRNITUQ) Plaintiff v. J. C. (born [...], 1995) Defendant and S.
K. (defendant’s cousin) Mise 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.
Ariane Bellemare on January 10, 2022 , which conclude to the necessity to conduct two (2) psychiatric assessments of the defendant because the defendant is a danger to herself and to others according to her mental state; [ 3 ] CONSIDERING that the defendant is a danger to herself and to others according to her mental state; [ 4 ] CONSIDERING that the defendant refuses to voluntarily remain hospitalized and to subject herself to psychiatric assessments; [ 5 ] CONSIDERING the testimony of the defendant; [ 6 ] CONSIDERING the detailed affidavit of D r.
Ariane Bellemare; [ 7 ] CONSIDERING the evidence that was presented at the hearing; [ 8 ] CONSIDERING the urgency of the situation and all the circumstances; [ 9 ] CONSIDERING that the defendant consent to the evaluations; FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the plaintiff’s action; [ 11 ] SHORTEN the service and the motion presentation delays; [ 12 ] DECLARES that the defendant is a danger to herself and others regarding her mental state; [ 13 ] ORDERS to M s. J.
C. 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; [ 14 ] Consequently, CONFINES M s. J.
C. , the defendant, to Douglas hospital in Montreal; [ 15 ] AUTHORIZES the plaintiff to transfer the defendant, at anytime, to another facility that best fits her 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 she is, would not conform to this order; [ 17 ] ORDERS THE NOTIFICATION of the judgment to the defendant and to the mise en cause ;
[ 18 ] ORDERS to return the defendant to her home community if confinement not necessary; [ 19 ] THE WHOLE without costs. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Olivier Lacoursière Cain Lamarre, Avocats Counsel for the plaintiff Mtre David Boudreau Legal Aid Counsel for the defendant Date of hearing: January 12, 2022
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