2018 QCCQ 9058, 2018 QCCQ 9058

Inuulitsivik Health Center (Puvirnituq) c. D.N. 2018 QCCQ 9058 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF ABITIBI « Civil Chamber » N° : 640-40-000024-181 DATE : November 15 th , 2018 UNDER THE PRESIDENCY OF THE HONOURABLE CLAUDE P. BIGUÉ, J.C.Q. INUULITSIVIK HEALTH CENTER (PUVIRNITUQ) , legal person with its principal establishment at Puvirnituq, district of Abitibi, province of Quebec, J0M 1C0; Plaintiff vs. D.

N. (born on [...], 2001 ), [...], Town A, district of Abitibi, province of Quebec, [...] , but currently hospitalized at the Inuulitsivik Health Center in Puvirnituq ; Defendant and PUBLIC CURATOR OF QUEBEC , legal person with an establishment at 600, René-Lévesque West, town and district of Montreal, province of Quebec, H3B 4W9 ; 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 preliminary evaluation performed by D r.

Marie-Hélène Cormier on November 13 th , 2018 , which concludes to the necessity to confine the defendant in an institution in order to carry out the necessary psychiatric evaluations; [ 3 ] CONSIDERING that the Court has serious reasons to believe that the defendant is a danger to himself and to others according to his mental state, as provided by

section 27 of the Civil Code of Quebec ; [ 4 ] CONSIDERING that the defendant refuses to be confined in an institution; [ 5 ] CONSIDERING the evidence that was presented at the hearing and that the applicant met its burden of evidence; [ 6 ] CONSIDERING the urgency of the situation and all the circumstances; [ 7 ] FOR THESE REASONS, THE COURT: [ 8 ] GRANTS the plaintiff’s motion; [ 9 ] DECLARES that the Court has serious reasons to believe that the defendant is a danger to himself and others regarding his mental state; [ 10 ] SHORTENS the service and the motion presentation delays; [ 11 ] ORDERS that D.

N. , the defendant, submits himself to provisional custody in the institution at the applicant's establishment for the time prescribed by law, in order to carry out the necessary psychiatric assessment and, if necessary, that an application may be made for the issuance of a custody order in an institution;

[ 12 ] Consequently, CONFINES D. N. , the defendant, to the Inuulitsivik Health Center; [ 13 ] AUTHORIZES the plaintiff to transfer the defendant, at anytime, to another facility that best fits his needs and DECLARES that the present order to can be executed by that facility; [ 14 ] ORDERS that the reports of the psychiatric examinations be filed with the Court within a delay of seven (7) days, pursuant to

section 29 of the Civil Code of Quebec ; [ 15 ] ORDERS the peace officers or the paramedics to assist the plaintiff or anyone who is involved in the present order, 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; [ 16 ] ORDERS the anonymity of the parties concerned, the confidentiality of this file as well as restricted access to the file and the recording of the proceedings; [ 17 ] ORDERS THE NOTIFICATION of the judgment to the defendant and to the mis en cause; [ 18 ] THE WHOLE without costs. CLAUDE P.

BIGUÉ, J.C.Q. Corinne Brousseau, lawyer Cain Lamarre, Avocats For the plaintiff Claude Cossette, lawyer For the defendant Public Curator of Quebec Mis en cause Date of the hearing: November 15 th , 2018