2019 QCCQ 8691, 2019 QCCQ 8691

Centre intégré de santé et de services sociaux de la Gaspésie c. L.P. 2019 QCCQ 8691 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF BONAVENTURE LOCALITY OF NEW CARLISLE « Civil Division » N° : 105-40-000262-199 DATE : December 10, 2019 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ Centre INTÉGRÉ de santé et de services sociaux DE LA GASPÉSIE Applicant -vs- L. P. Defendant -and- D. L.

Impleaded party ______________________________________________________________________ ORDER FOR CONFINEMENT IN AN INSTITUTION FOLLOWING A PSYCHIATRIC EVALUATION ______________________________________________________________________ [ 1 ] Considering the application for confinement following a psychiatric evaluation presented following

section 27 and following of the Civil code of Quebec , and of

section 396 and following of the Code of civil procedure ; [ 2 ] Considering the content of the psychiatric reports of Dr. Anne-Sophie Rancourt dated December 4, 2019 and of Dr.

Julie Laroche dated December 5, 2019, which both conclude that the security and health of the defendant require that he be confined in the hospital for a period maximum of 30 days; [ 3 ] Considering the application was duly notified to the defendant and to the impleaded party; [ 4 ] Considering that the defendant and the impleaded party are not assisted by a lawyer; [ 5 ] Considering that the defendant and the impleaded party do not contest the application; [ 6 ] Considering the defendant consents to stay in the hospital for the time required; [ 7 ] Considering the evidence submitted to the effect that the defendant has committed two serious aggression towards family members, that those aggressions were sudden and unpredictable, that the defendant’s condition is hard to evaluate since he does not give access to his thoughts, that the defendant presents a serious mental health problem, that the defendant poses a risk to others and cannot be released in society in this state; [ 8 ] Considering the evidence presented is conclusive in establishing that the defendant, because of his state of mental health, presents a significant danger to him or to others to the point that he must be deprived of his liberty to be kept in a facility for a period not exceeding 30 days.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 9 ] GRANTS the application for confident following a psychiatric evaluation; [ 10 ] ORDERS that the defendant be confined in an institution hereby determined as being the Centre intégré de santé et de services sociaux de la Gaspésie – Maria’s Hospital, situated at 419 Boulevard Perron, Maria, Qc, or to any other establishment designated by them for a period of thirty (30) days; [ 11 ] DECLARES that the defendant must be released as soon as custody is no longer justified, even if the fixed period has not expired; [ 12 ] AUTHORIZES , in the event of a runaway or as part of the execution of the order if the defendant is located elsewhere than in the applicant’s establishment, a peace officers to pick up the defendant wherever he may be and to use the force necessary to do to so, to be transported back to the CISSS de la Gaspésie;

[ 13 ] ORDERS the notification of the judgment to be given to the persons to whom the application has been notified. __________________________________ CELESTINA ALMEIDA, J.C.Q. Me Louyse A. Lemieux Attorney for the plaintiff Mr. L. P. Defendant Mrs. D. L. Impleaded party