2020 QCCQ 7711, 2020 QCCQ 7711

Ungava Tulattavik Health Center (Kuujjuaq) c. S.A. 2020 QCCQ 7711 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ABITIBI Civil Division No: 635-40-000070-200 DATE: November 11 th , 2020 ______________________________________________________________________ BY THE HONOURABLE CLAUDE P. BIGUÉ, J.C.Q. ______________________________________________________________________ UNGAVA TULATTAVIK HEALTH CENTER (KUUJJUAQ) legal person with its principal establishment at the town of Kuujjuaq, district of Abitibi, province of Quebec, J0M 1C0 Plaintiff v. S.

A. (born on [...] , 1989 ), [...], town A, district of Abitibi, province of Quebec, [...] Defendant and H.

L. (mother of the defendant), Town A, district of Abitibi, province of Quebec, [...] 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 that the defendant was duly served, that he was offered transportation, but refused to participate to the hearing; [ 3 ] CONSIDERING the evaluation performed by D r.

Latoya Campbell on November 9 th , 2020 , which conclude to the necessity to conduct two (2) psychiatric assessments of the defendant because the defendant is a danger to others according to her mental state; [ 4 ] CONSIDERING the testimonies of D r. Latoya Campbell, Luc Gagnon and Joanie Smith; [ 5 ] CONSIDERING that the defendant is a danger to himself and others according to his mental state; [ 6 ] CONSIDERING that the defendant refuses to voluntarily remain hospitalized and to subject himself to psychiatric assessments; [ 7 ] CONSIDERING the preliminary psychiatric report of D r .

Latoya Campbell; [ 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 a danger to himself and others regarding his mental state; [ 11 ] SHORTENS the service and the motion presentation delays; [ 12 ] ORDERS to M. S.

A. the defendant, to subject himself 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; [ 13 ] Consequently, CONFINES M. S.

A. , the defendant, to the Ungava Tulattavik Health Center; [ 14 ] 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; [ 15 ] 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 he is, would

not conform to this order; [ 16 ] ORDERS the confidentiality and restricted access to the file and to the recording or the debates; [ 17 ] ORDERS THE NOTIFICATION of the judgment to the defendant and to the mis en cause ; [ 18 ] THE WHOLE without costs. __________________________________ CLAUDE P. BIGUÉ, J.C.Q. Mtre David Lecours Olivier Lacoursière, articling student Cain Lamarre, Avocats Counsel for the plaintiff Mr. S. A. Absent and not represented Date of hearing: November 11 th , 2020