2022 QCCQ 3903, 2022 QCCQ 3903

Centre intégré de santé et de services sociaux de l'Abitibi-Témiscamingue (Hôpital de Rouyn-Noranda) c. H.F. 2022 QCCQ 3903 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ROUYN-NORANDA TOWN OF ROUYN-NORANDA Civil Division No: 600-40-000472-228 DATE: June 14, 2022 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ CENTRE INTÉGRÉ DE SANTÉ ET DE SERVICES SOCIAUX DE L’ABITIBI- TÉMISCAMINGUE (HÔPITAL DE ROUYN-NORANDA) Applicant v. H.

F. (born on [...], 1954) Defendant and THE PUBLIC CURATOR OF QUEBEC Impleaded party ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] CONSIDERING the Motion to obtain an order for a confinement in an institution ; [ 2 ] CONSIDERING the judgment for provisory confinement rendered by the honorable Marie-Chantal Brassard, J.C.Q., on June 10 th , 2022; [ 3 ] CONSIDERING the two psychiatric assessments performed respectively by Dr.

Guillaume Barbès-Morin and Jean-Claude Yazbek, psychiatrists, filed as Exhibit P-4 and P-5 , which conclude that the defendant represents a danger to herself and to others due to her mental state and that she needs to be confined in an institution; [ 4 ] CONSIDERING that the defendant refuses to be confined in an institution; [ 5 ] CONSIDERING the defendant’s testimony; [ 6 ] CONSIDERING that the Court itself has serious reasons to believe that the defendant is a danger to herself and to others according to her mental state, in that: a. she was hospitalized and was the subject of orders of confinement from May 3 rd to May 19 th , 2022; b. she took the medication while she was hospitalized, but stopped three days after being discharged; c. on June 6 th , 2022, she was seen wandering in the streets with a kitchen knife in her hand, which led to a call to the police officers; d. the police officer reports that she makes rambling statements, and has no contact with reality; e.

Dr. Yazbek’s report states that, after a day of hospitalization, she is still disorganized, although she considers herself well and she does not feed herself because of delirious ideas; f. when assessed by Dr. Barbès-Morin, she says she does not have any mental health problem; g. she does not want to harm herself or others, but she tells Dr. Barbès-Morin she could potentially be in danger outside of the hospital; h. with Dr.

Yazbek, she brings spontaneously multiple subjects that are source of paranoia for her: she is convinced that she needs to go the to grocery store and, without money, criminals will shot her in the back; i. she is convinced the nurses at the hospital want to poison and kill her and she sometimes refuses to eat for fear of being poisoned or intoxicated;

j. According to Dr.

Yazbek, these beliefs are attributable to psychosis; [ 7 ] CONSIDERING the evidence that was presented at the hearing and that the applicant met its burden of evidence; [ 8 ] CONSIDERING the urgency of the situation and all the circumstances; FOR THE REASONS, THE COURT: [ 9 ] GRANTS the applicant’s motion; [ 10 ] ORDERS the anonymity of the defendant and impleaded party, including when the present order be published; [ 11 ] ORDERS the confidentiality and the restricted access to the Court’s file, and to the recording of legal proceedings to the parties involved, their representatives, lawyers, notaries and persons designated by law, including the Minister of Justice; [ 12 ] SHORTENS the service and the motion presentation delays; [ 13 ] CONFIDES Ms.

H. F., the defendant, to the Centre intégré de santé et de services sociaux de l’Abitibi-Témiscamingue; [ 14 ] ORDERS to Ms. H.

F., the defendant, to subject herself to confinement in the institution of the applicant’s for as long as her mental state justifies the confinement, but for at the most thirty (30) days from the date of the present judgment; [ 15 ] AUTHORIZES the applicant to transfer the defendant, at anytime, to another facility that best fits his needs and DECLARES that the present order can be executed by that facility; [ 16 ] ORDERS the peace officer and/or the paramedics to assist the applicant and/or anyone who is involved in the present order, on their verbal request, if assistance is needed for the execution of this order because the defendant would not conform to the present order, regardless of where he is; [ 17 ] ORDERS the notification of the judgment to the defendant and to the impleaded party; [ 18 ] THE WHOLE , without costs. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre Marie-Andrée Dubois CISSS de l’Abitibi-Témiscamingue Counsel for the applicant Mtre Andrew Smith-Grégoire Centre Communautaire juridique de l’A.-T. Counsel for the defendant The Public Curator of Québec Impleaded party Date of hearing: June 14, 2022