2022 QCCQ 5050, 2022 QCCQ 5050

Cree Board of Health ans Social services of James Bay c. L.H. 2022 QCCQ 5050 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ABITIBI Civil Division No: 614-40-000014-229 DATE: July 20, 2022 ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ CREE BOARD OF HEALTH AND SOCIAL SERVICES OF JAMES BAY (CHISASIBI HOSPITAL) Applicant v. L.

H. (born [...], 1987) Defendant and PUBLIC CURATOR OF QUEBEC 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 evaluation performed by D r.

Janique Harvey on July 19 th , 2022 , which conclude to the necessity to conduct two (2) psychiatric assessments of the defendant because the defendant is a danger to himself and others according to his mental state; [ 3 ] CONSIDERING that the defendant accepts to remain hospitalized and to subject himself to psychiatric assessments; [ 4 ] CONSIDERING the position of the defendant; [ 5 ] CONSIDERING the evidence that was presented at the hearing; [ 6 ] CONSIDERING the urgency of the situation and all the circumstances; FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the applicant’s action; [ 8 ] 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; [ 9 ] SHORTENS the service and the motion presentation delays; [ 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 to others regarding his mental state; [ 12 ] ORDERS to M R.

L. H., the defendant, to subject himself 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; [ 13 ] Consequently, CONFINES M R. L.

H. , the defendant, to the Cree Board of Health and Social Services of James Bay (Chisasibi Hospital); [ 14 ] AUTHORIZES the applicant 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 applicant 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. __________________________________ DOMINIQUE WILHELMY, J.C.Q. Mtre Olivier Lacoursière Cain Lamarre, Avocats Counsel for the applicant Mtre Cassandra Neptune Centre communautaire juridique A Counsel for the defendant Public Curator of Québec Personnally Mis en cause Date of hearing: July 20, 2022