2022 QCCQ 2631, 2022 QCCQ 2631
Opinion
Ungava Tulattavik Health Center (Kuujjuaq) c. L.E. 2022 QCCQ 2631 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ABITIBI Civil Division No: 635-40-000105-220 DATE: May 9, 2022 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ UNGAVA TULATTAVIK HEALTH CENTER (KUUJJUAQ) Plaintiff v. L. E. (born on [...], 1998) Defendant and LI.
E., (adoptive mother of the defendant) Impleaded Party ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] CONSIDERING the “ Motion to obtain an order of the Court for a confinement in an institution ”; [ 2 ] CONSIDERING the two evaluations performed by D r. Rachel Lavigne, physician, on May 3, 2022 , and D r.
Rima Chaala, psychiatrist, on May 4, 2022 , which conclude that the defendant represents a danger to others due to his mental state and that he needs to be confined in an institution; [ 3 ] CONSIDERING the detailed affidavit of Dr.
Rachel Lavigne; [ 4 ] CONSIDERING the evidence that was presented at the hearing; [ 5 ] CONSIDERING that the defendant is a danger to others according to his mental state; [ 6 ] CONSIDERING that the defendant refuses to voluntarily remain hospitalized; [ 7 ] CONSIDERING the urgency of the situation and all the circumstances; FOR THESE REASONS, THE COURT: [ 8 ] GRANTS the plaintiff’s action; [ 9 ] 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; [ 10 ] ORDERS the anonymity of the defendant be guaranteed, including when the judgment will be published; [ 11 ] DECLARES that the defendant is a danger to himself and others regarding his mental state; [ 12 ] ORDERS to M r.
L. E. , the defendant, to subject himself to the confinement in an institution at the Ungava Tulattavik Health Center as long as his mental state justifies the confinement, but at the most 30 days from the date of the judgment to be renders; [ 13 ] Consequently, CONFINES M r. L.
E. , the defendant, to the Ungava Tulattavik Health Center; [ 14 ] 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; [ 15 ] 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; [ 16 ] ORDERS THE NOTIFICATION of the judgment to the defendant and to the Impleaded Party; [ 17 ] THE WHOLE without costs.
__________________________________ MARC OUIMETTE, J.C.Q. Me Olivier Lacoursière Cain Lamarre, Avocats Counsel for the plaintiff Me Gabrielle Francoeur Centre Communautaire juridique de l’A.-T. Counsel for the defendant Mrs. Lizzie Ematuluk Impleaded Party Date of hearing: May 9, 2022
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