2023 QCCQ 3094, 2023 QCCQ 3094
Opinion
Inuulitsivik Health Center (Puvirnituq) c. S.A. 2023 QCCQ 3094 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ABITIBI TOWN OF PUVIRNITUQ Civil Division No: 640-40-000104-231 DATE: May 19, 2023 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ INUULITSIVIK HEALTH CENTER (PUVIRNITUQ) Plaintiff v. S. A. (born [...], 2002) Defendant and A. A.
Impleaded Party ______________________________________________________________________ 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 short assessment performed by D r.
Micaël Berger on May 18, 2023 , which conclude to the necessity to conduct two (2) psychiatric assessments of the defendant because she is a danger to herself and others according to her mental state; [ 3 ] CONSIDERING that the defendant is a danger to herself and others according to her mental state; [ 4 ] CONSIDERING that the defendant refuses to voluntarily remain hospitalized and to subject herself to psychiatric assessments; [ 5 ] CONSIDERING the testimony of the defendant; [ 6 ] CONSIDERING the testimony of D r.
Micaël Berger; [ 7 ] CONSIDERING the evidence that was presented at the hearing; [ 8 ] CONSIDERING the urgency of the situation and all the circumstances; FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the plaintiff’s action; [ 10 ] ORDERS the confidentiality and the restricted access to the file and to the recording of legal proceedings to the parties involved, their representatives, lawyers, notaries, and persons designated by law, including Minister of Justice; [ 11 ] ORDERS the anonymity of the defendant be guaranteed, including when the judgment will be published; [ 12 ] SHORTENS the service and the motion presentation delays; [ 13 ] DECLARES that the defendant is a danger to herself and others regarding her mental state; [ 14 ] ORDERS to M s.
S. A. , 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; [ 15 ] Consequently, CONFINES M s. S. A. , the defendant, to the Inuulitsivik Health Center; [ 16 ] 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;
[ 17 ] 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; [ 18 ] ORDERS THE NOTIFICATION of the judgment to the defendant and to the Impleaded Party; [ 19 ] THE WHOLE without costs. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Maël Dorval Cain Lamarre, Avocats Counsel for the plaintiff Mtre Mathias Czor Centre communautaire juridique de l’A.-T. Counsel for the defendant Public Curator of Quebec Impleaded Party Date of hearing: May 19, 2023
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