r v. J. M., 2014 QCCQ 836

Centre de santé et de services sociaux de la Baie des Chaleurs c. J.M. 2014 QCCQ 836 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF BONAVENTURE Civil Division No. 105-40-000168-149 DATE: January 20, 2014 ______________________________________________________________________ PRESENT: THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ CENTRE DE SANTÉ ET DE SERVICES SOCIAUX DE LA BAIE DES CHALEURS Petitioner v. J. M. Respondent and T. W.

Impleaded party ORDER FOR TEMPORARY CONFINEMENT IN AN INSTITUTION IN ORDER TO UNDERGO A PSYCHIATRIC ASSESSMENT (Articles 27 and seq. of the Civil Code of Quebec and 778 and seq. of the Code of Civil Procedure )

[ 1 ] JP2122 GIVEN the motion for temporary confinement in an institution in order to undergo a psychiatric assessment, supported by an affidavit; [ 2 ] GIVEN service of the motion on the respondent and the impleaded party, the respondent's mother; [ 3 ] GIVEN that the examination of the respondent before the Court could be detrimental to his health and safety; [ 4 ] GIVEN the content of the medical report by Dr. Eric Blais, dated January 16, 2014, and the psychiatric report by Dr.

Anne-Sophie Rancourt, dated January 17, 2014, which concluded that there is a need for temporary confinement for a psychiatric assessment; [ 5 ] GIVEN that the respondent refuses to undergo the psychiatric assessment required by his state (arts. 26 to 31 C.C.Q.); [ 6 ] WHEREAS the Court has serious reasons to believe that the respondent presents a danger to himself or to others due to his mental state. He suffers from severe paranoid schizophrenia and does not comply with his treatment.

He is very disorganised and assaulted police officers recently. [ 7 ] GIVEN the urgency and necessity of abridging the time period for filing the motion; THEREFORE, THE COURT: [ 8 ] ALLOWS the motion; [ 9 ] ABRIDGES the time period for filing the motion, given the urgency of the situation; [ 10 ] DECLARES that it is manifestly unnecessary to obtain the testimony of the respondent because of his state and DISPENSES with having him testify; [ 11 ] ORDERS the respondent, J.

M., to undergo a psychiatric assessment at the Centre de santé et de services sociaux de la Baie des Chaleurs, located at 419, boulevard Perron, Maria (Québec) G0C 1Y0; [ 12 ] ORDERS that the respondent be placed in temporary confinement in that institution in order to undergo a psychiatric assessment; [ 13 ] ORDERS the director of professional services of that institution to submit the two reports constituting the psychiatric assessment to the clerk of the Civil Division of the Court of Quebec within seven days of this order; [ 14 ] THE WHOLE , without costs. ____________________________________ JANICK POIRIER, J.C.Q.

Mtre. WILLIAM ASSELS Counsel for the petitioner