2022 QCCQ 3334, 2022 QCCQ 3334

Centre intégré de santé et de services sociaux de l'Abitibi-Témiscamingue (Hôpital de Rouyn-Noranda) c. A.S. 2022 QCCQ 3334 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ROUYN-NORANDA TOWN OF ROUYN-NORANDA Civil Division No: 600-40-000467-228 DATE: June 2, 2022 ______________________________________________________________________ BY THE HONOURABLE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ CENTRE INTÉGRÉ DE SANTÉ ET DE SERVICES SOCIAUX DE L’ABITIBI- TÉMISCAMINGUE (HÔPITAL DE ROUYN-NORANDA) Applicant v. A. S. (born on [...], 1995) Defendant and J.

R. (mother) Impleaded Party ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] CONSIDERING the Motion for temporary confinement in an institution in order to undergo a psychiatric assessment; [ 2 ] CONSIDERING that the defendant was placed under preventive confinement on May 31 st , 2022, at 10:00 AM; [ 3 ] CONSIDERING that the defendant refuses to be confined in an institution; [ 4 ] CONSIDERING the preliminary evaluation performed by Dr Philippe Akil, psychiatrist, on May 31 st , 2022, which concludes that the defendant refuses and is unable to fully understand the concept of confinement in an institution and to the necessity to confine him in an institution in order to carry out the necessary psychiatric evaluation; [ 5 ] CONSIDERING that the Court has serious reasons to believe that the defendant is a danger to himself or to others according to his mental state, as provided by

section 27 of the Civil Code of Québec , in that: a. He has delusional ideas regarding English speakers, as he thinks he is persecuted by them and they are chasing him at the hospital; b. Dr Akil notes the delusional ideas are more present and more invasive, which led the defendant being aggressive towards a member of the staff; c. He needed to be admitted to the isolation room of the mental health unit with the help of the police officers; d. During the meeting with Dr Akil, he repeats « tous les matins je suis mort » (every morning, I am dead); e.

He told a nurse that if he meets one person who speaks English, he is going to hit him; FOR THE REASONS, THE COURT: [ 6 ] GRANTS the applicant’s motion; [ 7 ] ORDERS the anonymity of the defendant and impleaded party, including when the present order be published; [ 8 ] ORDERS the confidentiality and the restricted access to the Court’s file and to the recording of legal proceedings to the parties involved, their representatives, lawyers, notaries and persons designated by law, including the minister of Justice; [ 9 ] SHORTENS the service and the motion presentation delays; [ 10 ] CONFINES Mr. A.

S., the defendant, to the Centre intégré de santé et de services sociaux de l’Abitibi-Témiscamingue;

[ 11 ] ORDERS to Mr. A.

S., the defendant, to subject himself to provisional confinement in the institution of 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; [ 12 ] AUTHORIZES the applicant to transfer the defendant, at anytime, to another facility that best fits his needs and DECLARES that the present order can be executed by that facility; [ 13 ] If both assessments reach the conclusion that the confinement is necessary, AUTHORIZES the applicant to keep under confinement the defendant until the presentation of the confinement motion on June 6 th , 2022, at 1:30 PM even if more then forty-eight hours (48h) have passed since the second assessment; [ 14 ] ORDERS the peace officer and/or the paramedics to assist the applicant and/or anyone who is involved in the present order, on their verbal request, if assistance is needed for the execution of this order because the defendant would not conform to the present order, regardless of where he is; [ 15 ] ORDERS the notification of the judgment of the defendant and to the impleaded party; [ 16 ] THE WHOLE , without costs. __________________________________ NATHALIE SAMSON, J.C.Q.

Mtre Marie-Andrée Dubois CISSS de l’Abitibi-Témiscamingue Counsel for the applicant Mtre Alexandra Fortin Centre communautaire juridique de l’A.-T. Counsel for the defendant Mrs. J. R. Personally Impleaded Party Date of hearing: June 2, 2022