2018 QCCQ 2967, 2018 QCCQ 2967
Opinion
Centre intégré de santé et de services sociaux du Bas-Saint-Laurent (Centre hospitalier régional du Grand-Portage) c. K.M. 2018 QCCQ 2967 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF KAMOURASKA LOCALITY OF RIVIÈRE-DU-LOUP « Civil Division » NO : 250-40-000754-181 DATE : April 30, 2018 PRESENT : THE HONOURABLE JAMES RONDEAU, J.C.Q. CENTRE INTÉGRÉ DE SANTÉ ET DE SERVICES SOCIAUX DU BAS-SAINT-LAURENT (CENTRE HOSPITALIER RÉGIONAL DU GRAND-PORTAGE) Plaintiff V. K. M. Defendant And CURATEUR PUBLIC DU QUÉBEC And S. M. Impleaded parties ORDER FOR CONFINEMENT IN AN INSTITUTION (Articles 30 and seq. C.c.Q. and 396 and seq. C.c.p.)
[ 1 ] CONSIDERING the motion for confinement in an institution for 21 days supported by psychiatric assessment. JR1528 [ 2 ] CONSIDERING the demand was served on the defendant and the impleaded party, the Curateur public du Québec. [ 3 ] CONSIDERING the demand was send by email to S. M., the defendant's mother. [ 4 ] Mr. M. is present at the hearing.
He disagree with the custody. [ 5 ] CONSIDERING the two psychiatric examinations performed respectively by Dr Jean-François de la Sablonnière on April 25 th , 2018 and by Dre Geneviève Bossé, on April 26 th , 2018 which conclude to the necessity to confine the defendant in an institution. [ 6 ] CONSIDERING the testimony of the defendant and in particular that he refuses to answer questions during cross-examination. [ 7 ] WHEREAS the Court has serious reasons to conclude that the defendant presents a danger to himself and to others owing to his mental state.
In fact, the evidence shows that the defendant is very disorganised and is dangerous. He is confused, having a speech about the devil, searching for his wife and was agressive throught his stay at the hospital. [ 8 ] CONSIDERING that such a mental state renders the defendant immediately dangerous to him and the orthers. FOR ALL THESES REASONS, THE COURT : [ 9 ] AUTHORIZES the confinement of the defendant, K.
M., at the CHR du Grand-Portage for a period of twenty one (21) days, from the date of judgment to be rendered; [ 10 ] DECLARES that the defendant must be released as soon as the confinement is no longer justified, even if the fixed period has not expired; [ 11 ] AUTHORIZES, in the event of the defendant fled, the peace officers to assist the plaintiff for the execution of thes order; [ 12 ] THE WHOLE, without costs. JAMES RONDEAU, J.C.Q.
DUBÉ DION, AVOCATS Me Gabrielle Lavoie-Lévesque Attorneys for the plaintiff K. M. Defendant CURATEUR PUBLIC DU QUÉBEC Impleaded
partie S. M. Impleaded partie
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