2017 QCCQ 9580, 2017 QCCQ 9580

Ungava Tulattavik Health Center c. P.S. 2017 QCCQ 9580 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF ABITIBI « Civil Chamber » N° : 635-40-000018-175 DATE : July 7 th , 2017 UNDER OF THE PRESIDENCY OF THE HONOURABLE CLAUDE P. BIGUÉ, J.C.Q. UNGAVA TULATTAVIK HEALTH CENTER , legal person with its principal establishment at Kuujjuaq, district of Abitibi, province of Quebec, J0M 1C0; Plaintiff v. P. S. , (born on […], 1998), […],City A, district A, province of Quebec, […] but presently hospitalized at the Ungava Tulattavik Health Center ; Defendant and M.

S. (mother of the defendant), […], City A, district A, province of Quebec, […] ; Mise en cause JUDGMENT [ 1 ] CONSIDERING the “ Motion to institute proceedings to obtain an order of the Court for a confinement in an institution ”; [ 2 ] CONSIDERING the two psychiatric evaluations performed respectively by D re Andréanne David on July 4 th , 2017 and by D re Rimma Orenman on July 4 th , 2017, which conclude to the necessity to confine the defendant in an institution; [ 3 ] CONSIDERING the testimony of D re Orenman; [ 4 ] CONSIDERING that the defendant is an immediate danger to himself and others according to his mental state, given the high risks of suicide and his uncontrolled aggressiveness; [ 5 ] CONSIDERING that the defendant refuses to be confined in an institution; [ 6 ] CONSIDERING the evidence that was presented at the hearing, where the applicant clearly met its burden of evidence on the balance of probabilities; [ 7 ] CONSIDERING the statement of the defendant; [ 8 ] CONSIDERING the urgency of the situation and all the circumstances; FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the plaintiff’s motion; [ 10 ] DECLARES that the defendant is danger to himself and others regarding his mental state; [ 11 ] SHORTENS the service and the motion presentation delays;

[ 12 ] ORDERS to P. S. , the defendant, to subject himself to the confinement in an institution at the Ungava Tulattavik Health Center for as long as his mental state justifies the confinement, but for at the most thirty (30) days from the date of the judgment; [ 13 ] Consequently, CONFIDES P.

S. , 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 can be executed by that facility; [ 15 ] ORDERS the peace officers or the paramedics to assist the plaintiff 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 he is, would not conform to this order; [ 16 ] ORDERS THE NOTIFICATION of the judgment to the defendant and to the mise en cause; [ 17 ] THE WHOLE without costs.

CLAUDE P. BIGUÉ, J.C.Q. (JB 3810) Kathy Tremblay, lawyer Cain Lamarre, Avocats For the plaintiff Kimon Kling, lawyer For the defendant M. S., mise en cause Date of the hearing: July 7 th , 2017