2021 QCCQ 2299, 2021 QCCQ 2299
Opinion
Ungava Tulattavik Health Center (Kuujjuaq) c. C.P. 2021 QCCQ 2299 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF ABITIBI « Civil Chamber » No: 635-40-000075-217 DATE: April 1, 2021 ______________________________________________________________________ BY THE HONOURABLE LOUIS A. LEGAULT, J.C.Q. ______________________________________________________________________ UNGAVA TULATTAVIK HEALTH CENTER (KUUJJUAQ) , legal person with its principal establishment at the town of Kuujjuaq, district of Abitibi, province of Quebec, J0M 1C0; Plaintiff v. C.
P. ( born on [...], 1991 ), [...], town A, district of Abitibi, province of Quebec, [...], but currently hospitalized at the Ungava Tulattavik Health Center, in Kuujjuaq ; Defendant and D.
P. (father of the defendant) , [...] , town A, district of Abitibi, province of Quebec, [...] ; Mise en cause ______________________________________________________________________ JUDGMENT (written version) ______________________________________________________________________ [ 1 ] CONSIDERING the “ Motion to obtain an order of the Court for a confinement in an institution ”; [ 2 ] CONSIDERING the two evaluation performed by D r. Rima Chaala, psychiatrist, on March 30, 2021 , and D r.
Fannie Fortier- Tougas, physician, on March 30, 2021 , which conclude that the defendant represents a danger to himself and to others due to his mental state and that he needs to be confined in an institution; [ 3 ] CONSIDERING the testimony of D r.
Fannie Fortier-Tougas; [ 4 ] CONSIDERING the testimony of the defendant; [ 5 ] CONSIDERING the evidence that was presented at the hearing; [ 6 ] CONSIDERING 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 ] SHORTENS the service and the motion presentation delays; [ 11 ] DECLARES that the defendant is a danger to himself and others regarding his mental state; [ 12 ] ORDERS to M.
C. P. , 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 rendered; [ 13 ] Consequently, CONFINES M. C.
P. , the defendant, to the Ungava Tulattavik Health Center; [ 14 ] AUTHORIZES the plaintiff to transfer the defendant, at any time, 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 mis en cause ; [ 17 ] THE WHOLE without costs. Signed on April 1, 2021 __________________________________ LOUIS A. LEGAULT, J.C.Q. M e Olivier Lacoursière, lawyer Cain Lamarre, Avocats For the plaintiff M e Kelly-Ann Sinnet, lawyer Legal Aid For the defendant D. P., mis en cause Date of hearing: April 1, 2021
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