2020 QCCQ 2888, 2020 QCCQ 2888

Centre intégré de santé et de services sociaux de la Gaspésie, réseau local de services de la Baie-des-Chaleurs - Hôpital de Maria c. J.M. 2020 QCCQ 2888 COURT OF QUEBEC « Civil Division » CANADA PROVINCE OF QUEBEC DISTRICT OF BONAVENTURE « Civil Division » N° : 105-40-000266-208 DATE : July 13, 2020 ______________________________________________________________________ BY THE HONOURABLE RICHARD CÔTÉ, J.

C.Q. ______________________________________________________________________ Centre INTÉGRÉ de santé et de services sociaux DE LA GASPÉSIE, RÉSEAU LOCAL DE SERVICES DE LA BAIE-DES-CHALEURS – Hôpital de Maria, Plaintiff -v- J. M., Defendant -and- L.

M. , Third Party ______________________________________________________________________ ORDER OF TEMPORARY CONFINEMENT FOR A PSYCHIATRIC EVALUATION (S. 27 and following CCQ and 391 and following CCP) ______________________________________________________________________ [ 1 ] Considering the Application for Temporary Confinement for a Psychiatric Assessment presented following sections 27 and following of the CCQ , and of sections 391 and following of the CCP ; [ 2 ] Considering the medical document titled « Document garde préventive», filed under EXHIBIT P-1 and the document titled as «Garde provisoire», filed under EXHIBIT P-2; [ 3 ] Considering the Application was duly notified to the Defendant and to the Third party; [ 4 ] Considering the third party is the Defendant’s mother and is a reasonable person from his family; [ 5 ] Considering the evidence establishing each of the Application’s alleged facts;

a) Considering the evidence submitted to the effect that: On July 10, 2020, the Defendant’s mother called the police because he was aggressive and disorganized;

b) The Defendant was incoherent, had hallucinations and he was agitated and displayed an explosive behaviour;

c) The Defendant had a neglected hygiene and torn-up clothes;

d) The Defendant had vandalized his own home;

e) The Defendant’s home was unsanitary;

f) The Defendant refuses to talk with the medical staff;

g) The Defendant yells and is unable to answer appropriately to the medical staff questions;

h) The Defendant has said that he has not slept since a few days ago;

i) The Defendant has a medical history of psychosis linked to drug abuse; [ 6 ] Considering that the defendant is represented by Me Lavigne who informs the court that the defendant does not contest the application; [ 7 ] Considering, however, that before the hearing the Defendant refused to stay in the hospital and to submit himself to a psychiatric assessment; [ 8 ] The Court has serious reasons to believe that the Defendant is a danger to himself or to others owing to his mental state; [ 9 ] The Court considers the security and health of the Defendant requires that he be confined in the hospital and that a psychiatric assessment be made; FOR THESE REASONS, THE COURT: [ 10 ] ORDERS that this file be heard behind closed doors; [ 11 ] ORDERS the confidentiality of the present file and of its recordings; [ 12 ] ORDERS that the judgment keeps the parties anonymity in case of publication; [ 13 ] GRANTS the present Motion; [ 14 ] SHORTENS the notification delay of the present Motion; [ 15 ] ORDERS the Defendant to submit himself to a psychiatric assessment which will be done by the Centre intégré de santé et de services sociaux de la Gaspésie –Maria’s Hospital, situated at 419 Boulevard Perron, Maria, Qc; [ 16 ] ORDERS that the Defendant be temporarily confined in this establishment for a psychiatric assessment; [ 17 ] ORDERS this establishment’s professional services Director to give to the Court of Quebec (Civil Division) court clerk the two reports constituting the psychiatric assessment in the seven (7) days of the judgment to come. [ 18 ] WITHOUT COSTS. __________________________________ RICHARD CÔTÉ, J.C.Q.

Me Mylène Pelletier-Rivet Attorney for the Plaintiff Me Richard Lavigne Attorney for the Defendant Date of hearing : July 13, 2020