2016 QCCQ 7145, 2016 QCCQ 7145

Centre intégré de santé et de services sociaux de la Gaspésie, réseau local de la Baie-des-Chaleurs - Hôpital Maria c. B.S. 2016 QCCQ 7145 COURT OF QUÉBEC « Civil Division » CANADA PROVINCE OF QUÉBEC DISTRICT OF BONAVENTURE LOCALITY OF NEW-CARLISLE « Civil Division » N° : 105-40-000220-163 DATE : 14th JULY 2016 PRESIDED BY THE HONORABLE RICHARD CÔTÉ, J.C.Q. Centre INTÉGRÉ de santé et deS services sociaux DE LA GASPÉSIE, RÉSEAU LOCAL DE LA BAIE-DES-cHALEURS – HÔPITAL MARIA , Applicant -vs- B.

S. , Defendant -and- LE CURATEUR PUBLIC DU QUÉBEC Impleaded party ORDER OF CONFINEMENT IN AN INSTITUTION (Section. 26 and following C.c.Q. and 391 and following C.p.c.) [ 1 ] The applicant is asking for a confinement order against de defendant pursuant to

section 30 of Civil code ; [ 2 ] The defendant is absent despite the fact that he was served personally with a copy of the demand. [ 3 ] It appears from the two psychiatric examination reports that the defendant suffers from psychosis and that he presents a danger for his security and to that of others. [ 4 ] According to the testimony of psychiatrist Julie Laroche, the defendant was admitted at the Maria hospital about 10 days ago in a state of psychiatric crisis. He was located by police officers while he was walking on a road carrying two knives and probably intoxicated by drugs.

They decided to bring him at the hospital. [ 5 ] The defendant agreed to receive medical care in the hospital until last Friday July 8 when he advised Dr. Laroche that he wanted to leave the hospital. At that point. Mrs Laroche decided to place the defendant under preventive confinement pursuant to

section 7 of the law (P-38.001). She prepared a psychiatric assessment report accordingly. [ 6 ] Last Saturday July 9, another psychiatrist, Dr. Florence Ernest-Bizet carried out a second assessment of the defendant concluding that confinement was necessary because the defendant presented a certain danger. [ 7 ] Despite those two reports, the hospital released the defendant instead of requesting immediately a confinement order from the court. The application was only filed on July 13 th. [ 8 ] In her testimony, Dr.

Laroche maintains that the defendant is still affected by psychosis and that he could be dangerous for himself or others. She adds that his confinement is necessary to complete a full psychiatrist assessment. [ 9 ] After considering the evidence including the testimony of Dr. Laroche, the Tribunal has serious reasons to believe that the defendant is dangerous and that his confinement is necessary. THEREFORE, THE TRIBUNAL : [ 10 ] GRANTS the demand; [ 11 ] ORDERS B. S. to submit himself to confinement in an institution at the Centre intégré de santé et des services sociaux de la

Gaspésie, réseau local de la Baie-des-Chaleurs - hôpital Maria, for a maximum duration of 8 days from the present order; [ 12 ] ORDERS the Centre intégré de santé et des services sociaux de la Gaspésie, réseau local de la Baie-des-Chaleurs – Hôpital Maria to receive and admit in institutional confinement, B. S., for a maximum duration of 8 days; [ 13 ] AUTHORIZES , if necessary, the execution of this judgement by a peace officer. [ 14 ] ALL , without cost. Signé le 14 juillet 2016 __________________________________ RICHARD CÔTÉ, J.C.Q. Me Cédric Leblanc Falardeau Attorney for the applicant Court date : 14th July 2016