r v. J... S..., 2014 QCCQ 3041

Centre de santé et de services sociaux de la Baie-des-Chaleurs c. J.S. 2014 QCCQ 3041 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF BONAVENTURE "Civil Division" No. 105-40-000173-149 DATE: March 18, 2014 PRESENT: THE HONOURABLE ROBERT LEVESQUE, J.C.Q. CENTRE DE SANTÉ ET DE SERVICES SOCIAUX DE LA BAIE-DES-CHALEURS Petitioner v. J... S... Respondent and B... H... Impleaded party

ORDER FOR PROVISIONAL CONFINEMENT IN AN INSTITUTION FOR A PSYCHIATRIC ASSESSMENT (section 27 et seq . of the Civil Code of Québec and

section 778 et seq. of the Code of Civil Procedure ) JL2712 [ 1 ] WHEREAS the petition for provisional confinement in an institution for a psychiatric assessment; [ 2 ] WHEREAS the affidavit; [ 3 ] WHEREAS the service of the petition to the respondent; [ 4 ] WHEREAS the service of the petition to the impleaded party, the respondent’s mother; [ 5 ] WHEREAS the content of Dr. Florence Ernest-Bizet March 17, 2014 psychiatric reports, which conclude that provisional confinement is required for a psychiatric assessment; [ 6 ] WHEREAS the testimony of Dr.

Ernest-Bizet; [ 7 ] CONSIDERING that, according to the doctor's report and testimony, it is clearly useless to require the respondent’s testimony owing to his state of health and that it could be harmful to the health or safety of another person; [ 8 ] CONSIDERING that the respondent refuses to undergo the psychiatric assessment required by his state of health; [ 9 ] CONSIDERING that the Court has serious reasons to believe that the respondent is a danger to himself and to others owing to his mental state; [ 10 ] WHEREAS the evidence as a whole; FOR THESE REASONS, THE COURT: [ 11 ] ALLOWS the petition; [ 12 ] REDUCES the delay for the service and the presentation of the petition, considering the urgency of the situation;

[ 13 ] ORDERS the respondent, J.

S., to undergo a psychiatric assessment at the Centre de santé et de services sociaux de la Baie-des​- Chaleurs, located at 419, boulevard Perron, Maria, Québec, G0C 1Y0; [ 14 ] ORDERS that the respondent be provisionally confined in that institution for a psychiatric assessment; [ 15 ] ORDERS the director of professional services of that institution to send the report constituting the psychiatric assessment to the clerk of the Civil Division of the Court of Québec within seven days of this order; [ 16 ] ORDERS that the judgment be notified to the persons on whom the petition was served; [ 17 ] ORDERS that the judgment may be executed by a peace officer; [ 18 ] THE WHOLE WITHOUT COST .

ROBERT LEVESQUE, J.C.Q. Mtre William Assels, for the petitioner