2018 QCCQ 9790, 2018 QCCQ 9790

Inuulitsivik Health Center c. X 2018 QCCQ 9790 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF ABITIBI « Civil Chamber » N° : 640-40-000026-186 DATE : November 19 th , 2018 UNDER OF THE PRESIDENCY OF THE HONOURABLE MARC OUIMETTE, C.Q. Inuulitsivik Health Center , legal person with its principal establishment at Puvirnituq, district of Abitibi, province of Quebec, J0M 1P0; Plaintiff vs.

X (born on [...], 2002 ), Town A, district of Abitibi, province of Quebec, [...], but currently hospitalized at the Inuulitsivik Health Center in Puvirnituq ; Defendant and PUBLIC CURATOR OF QUEBEC , legal person with an establishment at 600, René-Lévesque West, town and district of Montreal, province of Quebec, H3B 4W9; 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 re.

Marie-Hélène Cormier on November 16 th , 2018 , which conclude to the necessity to confine the defendant in an institution; [ 3 ] CONSIDERING that the defendant is a danger to herself according to her mental state; [ 4 ] CONSIDERING that the defendant refuses to be confine in an institution; [ 5 ] CONSIDERING the evidence that was presented at the hearing; [ 6 ] CONSIDERING the urgency of the situation and all the circumstances; [ 7 ] CONSIDERING that the defendant is under the care of the Director of Youth Protection of the Inuulitsivik CYPC; FOR THESE REASONS, THE COURT: [ 8 ] GRANT the plaintiff’s motion; [ 9 ] DECLARE that the defendant is a danger to herself regarding her mental state; [ 10 ] SHORTEN the service and the motion presentation delays; [ 11 ] ORDER to X , the defendant, to subject herself to provisional confinement in the institution at the plaintiff’s establishment for the time prescribed by law, first evaluation within 24 hours and followed by a second within 48 hours, in order to carry out the necessary psychiatric evaluations and, if necessary, so that an application may be made for the issuance of a custody order in an institution; [ 12 ] Consequently, CONFINE X , the defendant, to the Inuulitsivik Health Center;

[ 13 ] AUTHORIZE the plaintiff to transfer the defendant, at anytime, to another facility that best fits her needs and DECLARE that the present order can be executed by that facility; [ 14 ] ORDER the peace officers or the paramedics to assist the plaintiff, with the necessary force, 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, wherever she is, would not conform to this order; [ 15 ] ORDER THE NOTIFICATION of the judgment to the defendant, the mis en cause , the Public curator of Quebec, the Director of Youth Protection of the Inuulitsivik CYPC and the parents ; [ 16 ] ORDER the anonymity of the parties concerned, the confidentiality of this file as well as restricted access to the file and the recording of the proceedings; THE WHOLE without costs.

MARC OUIMETTE, J.C.Q. Corinne Brousseau, lawyer David Lecours, lawyer Cain Lamarre, Avocats For the plaintiff Nicholas Ouellet, lawyer For the defendant Date of the hearing: November 19 th , 2018