2023 QCCQ 7984, 2023 QCCQ 7984

Centre intégré de santé et de services sociaux de l'Abitibi-Témiscamingue (Hôpital de Rouyn-Noranda) c. B.H. 2023 QCCQ 7984 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ROUYN-NORANDA TOWN OF ROUYN-NORANDA Civil Division No: 600-40-000518-236 DATE: November 3, 2023 ______________________________________________________________________ BY THE HONOURABLE CLAUDE P. BIGUÉ, J.C.Q. ______________________________________________________________________ CENTRE INTÉGRÉ DE SANTÉ ET DE SERVICES SOCIAUX DE L’ABITIBI- TÉMISCAMINGUE (HÔPITAL DE ROUYN-NORANDA) Applicant v. B. H. (born on [...], 1996) Defendant and A.

H. (uncle) 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 undersigned on October 30 th , 2023; [ 3 ] CONSIDERING the preliminary evaluation performed by Dr Christian Dubé, psychiatrist, on October 29 th , 2023, which concludes that he is unable to fully understand the concept of confinement in an institution, and to the necessity to confine the defendant in an institution in order to carry out the necessary psychiatric evaluation, filled as Exhibit P-2 ; [ 4 ] CONSIDERING the two (2) psychiatric assessments performed respectively by Drs Christian Dubé and Philippe Akil, psychiatrists, respectively filled as Exhibit P-3 and P-4 , which conclude that the defendant represents a danger to himself and to others due to his mental state, and he needs to be confined in an institution for a maximum of thirty (30) days; [ 5 ] CONSIDERING that the defendant refuses to be confined in an institution and wishes to go to Ontario; [ 6 ] CONSIDERING the defendant’s testimony; [ 7 ] CONSIDERING that the Court has serious reasons to believe that the defendant is a danger to himself and to others according to his mental state, since the defendant: 7.1.

He was brought to the hospital in Ville-Marie by police officers following disorganized and disruptive behaviour; 7.2. He deliberately hit his head against the glass of a door, which led to an injury; 7.3. He was intercepted while naked in the street and masturbating; 7.4. At the hospital, he had to be put under sedative medication because of his invasive mental state; 7.5. Since the sedative wore off, he alternates between a jovial and closed attitude; 7.6. Dr.

Dubé notes that he keeps his eyes shut and could suffer from auditory hallucinations, he notes several abrasions on his forehead following self-inflicted wounds, a poor and shifting speech; 7.7. When meeting with Dr Akil, he says he never met with any other psychiatrist; 7.8. Dr Akil notes that he does not recognize his illness and wishes to leave the hospital, and thinks he is hospitalized for syphilis, has military behavior and grandiose thoughts about being a firefighter and willing to die for the people; 7.9.

Both psychiatrists conclude that his disorganized thoughts and grandiosity feeling could lead to dangerous behavior for himself and others;

7.10.

Considering that the defendant keep having a military behavior at the hearing, the same behavior he had during the assessments; [ 8 ] CONSIDERING the evidence that was presented at the hearing and that the applicant met its burden of evidence; [ 9 ] CONSIDERING the urgency of the situation and all the circumstances; FOR THE REASONS, THE COURT: [ 10 ] GRANTS the applicant’s motion; [ 11 ] ORDERS the anonymity of the defendant and impleaded party, including when the present order be published; [ 12 ] 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; [ 13 ] SHORTENS the service and the motion presentation delays; [ 14 ] CONFIDES Mr.

B. H., the defendant, to the Centre intégré de santé et de services sociaux de l’Abitibi-Témiscamingue; [ 15 ] ORDERS to Mr. B.

H., the defendant, to subject himself to confinement in the institution of the applicant’s for as long as his mental state justifies the confinement, but for at the most thirty (30) days from the date of the present judgment; [ 16 ] 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; [ 17 ] 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; [ 18 ] ORDERS the notification of the judgment to the defendant and to the impleaded party; [ 19 ] THE WHOLE , without costs. __________________________________ CLAUDE P.

BIGUÉ, J.C.Q. Mtre Marie-Andrée Dubois CISSS de l’Abitibi-Témiscamingue Counsel for the applicant Mtre Hugo Legris Delahaye Centre communautaire juridique de l’A.-T. Counsel for the defendant Mr. A. H. Absent from the hearing Impleaded party Date of hearing: November 3, 2023