2021 QCCQ 370, 2021 QCCQ 370
Opinion
Inuulitsivik Health Center (Puvirnituq) c. S.N. 2021 QCCQ 370 COUR DU QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ABITIBI « Civil Chamber » N° : 640-40-000057-215 DATE : January 14, 2021 ______________________________________________________________________ UNDER OF THE PRESIDENCY OF THE HONOURABLE CLAUDE P. BIGUÉ, J.C.Q. ______________________________________________________________________ INUULITSIVIK HEALTH CENTER (PUVIRNITUQ) legal person with its principal establishment at the town of Puvirnituq, district of Abitibi, province of Quebec, J0M 1Y0;
Partie Demanderesse vs. S. N. (born z, 1966), [...], town A, district of Abitibi province of Quebec, [...], but currently hospitalized at the Inuulitsivik Health Center in Puvirnituq ; Defendant and L.
N. (daughter), [...] , town A, district of Abitibi, province o 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.
Benjamin Perron on January 12, 2021 , which conclude to the necessity to conduct two (2) psychiatric assessments of the defendant because the defendant is a danger to herself and other according to her mental state; [ 3 ] CONSIDERING that the defendant is a danger to herself and other according to her mental state; [ 4 ] CONSIDERING that the defendant had refused to voluntarily remain hospitalized and to subject herself to psychiatric assessments, before the hearing; [ 5 ] CONSIDERING that the defendant, at the hearing, consented to the conclusions, being duly represented by a lawyer; [ 6 ] CONSIDERING the report of D r.
Benjamin Perron, dated of January 11, 2021; [ 7 ] CONSIDERING the urgency of the situation and all the circumstances; [ 8 ] 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 herself and other regarding her mental state; [ 12 ] ORDERS to M RS. S.
N. the defendant, to subject herself 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 RS. S.
N. , the defendant, to the Inuulitsivik Health Center; [ 14 ] AUTHORIZES the plaintiff to transfer the defendant, at anytime, to another facility that best fits her 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 she 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. Amos, January 15, 2021 __________________________________ CLAUDE P. BIGUÉ, J.C.Q. M e Olivier Lacoursière, lawyer Cain Lamarre, Avocats For the plaintiff M e Kelly-Ann Sinnett, lawyer Legal Aid For the defendant L. N., mis en cause Date of hearing: January 14 th , 2021
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