2016 QCCQ 6937, 2016 QCCQ 6937
Opinion
Inuulitsivik Health Center (Inukjuak) c. J.E. 2016 QCCQ 6937 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF ABITIBI TOWN OF INUKJUAK « Civil Chamber » N° : 640-40-000004-167 DATE : May 17, 2016 ______________________________________________________________________ BY THE HONOURABLE NANCY McKENNA, J.C.Q. ______________________________________________________________________ INUULITSIVIK HEALTH CENTER (INUKJUAK) Plaintiff v. J. E. Defendant -and- JI. E.
Impleaded party ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] CONSIDERING the motion to institute proceedings to obtain an order of the Court for a confinement in an institution for an psychiatric evaluation; [ 2 ] CONSIDERING the proof presented; [ 3 ] CONSIDERING that the defendant is a danger to himself and to others owing to his mental state; [ 4 ] CONSIDERING that the defendant refuses to be confine in an institution; [ 5 ] CONSIDERING the proof that was presented at the hearing; [ 6 ] CONSIDERING the statement of the defendant; [ 7 ] CONSIDERING the urgency of the situation and all the circumstances; [ 8 ] CONSIDERING the defendant refuses to attend Court and that it was impossible to question him.
FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the plaintiff’s action; [ 10 ] SHORTENS the service and the motion presentation delays; [ 11 ] DECLARES that it was impossible to question the defendant; [ 12 ] ORDERS to Mr J. E., the defendant to subject himself to temporary custody confinement in an institution at the Inuulitsivik Health Center the time required to allow the holding of psychiatric assessments and, if applicable, the submission of a motion requesting the issue of a custody in institutions; [ 13 ] CONFIDES Mr J.
E., the defendant, to the Inuulitsivik Health Center; [ 14 ] AUTHORIZES the plaintiff to transfer the defendant, at anytime, to another facility that best fits his needs and DECLARES that the order to be pronounced can be executed by that facility;
[ 15 ] ORDERS the peace officers or the paramedics to assist the plaintiff 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 notification of the judgment to the defendant and to the impleaded party; [ 17 ] THE WHOLE without costs. __________________________________ NANCY McKENNA, J.C.Q. M e David Lecours Cain Lamarre, Avocats For the plaintiff Date of the hearing: May 17, 2016
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