2021 QCCQ 2298, 2021 QCCQ 2298

Ungava Tulattavik Health Center (Kuujjuaq) c. C.P. 2021 QCCQ 2298 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF ABITIBI « Civil Chamber » No: 635-40-000075-217 DATE: March 29, 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 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.

James Morse on March 26, 2021 , which conclude to the necessity to conduct two (2) psychiatric assessments of the defendant because the defendant is a danger to himself according to his mental state; [ 3 ] CONSIDERING the detailed affidavit of D r. James Morse; [ 4 ] CONSIDERING the report of M r. Yves St-Arneault, social worker, about the mental health situation of the defendant, signed on March 25, 2021 ; [ 5 ] CONSIDERING the testimony of M r.

Yves St-Arneault, social worker; [ 6 ] CONSIDERING that the defendant is a danger to himself according to his mental state; [ 7 ] CONSIDERING that the defendant refuses to voluntarily remain hospitalized and to subject himself to psychiatric assessments; [ 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 regarding his mental state; [ 12 ] ORDERS to M r. C.

P. 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. C. P. , 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 mis en cause ; [ 17 ] THE WHOLE without costs. Signed on March 30, 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: March 29, 2021