2022 QCCQ 3340, 2022 QCCQ 3340
Opinion
Ungava Tulattavik Health Center (Kuujjuaq) c. S.A. 2022 QCCQ 3340 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ABITIBI Civil Division No: 635-40-000112-226 DATE: May 30, 2022 ______________________________________________________________________ BY THE HONOURABLE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ UNGAVA TULATTAVIK HEALTH CENTER (KUUJJUAQ) Plaintiff v. S.
A. (born on [...], 2002) Defendant and PUBLIC CURATOR OF QUEBEC Impleaded Party ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] CONSIDERING the “Motion to obtain an order of the Court for a confinement in an institution”; [ 2 ] CONSIDERING the two evaluations performed by D r. Alexandra Vivier, physician, on May 26, 2022 , and D r.
Rima Chaala, psychiatrist, on May 27, 2022 , which conclude that the defendant represents a danger to herself due to her mental state and that she needs to be confined in an institution; [ 3 ] CONSIDERING the detailed affidavit of D r.
Alexandra Vivier; [ 4 ] CONSIDERING the statement of the defendant; [ 5 ] CONSIDERING the evidence that was presented at the hearing; [ 6 ] CONSIDERING that the defendant is a danger to herself according to her mental state; [ 7 ] CONSIDERING that the defendant refuses to voluntarily remain hospitalized; [ 8 ] CONSIDERING the urgency of the situation and all the circumstances; FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the plaintiff’s action; [ 10 ] ORDERS the confidentiality and the restricted access to the file and to the recording of legal proceedings to the parties involved, their representatives, lawyers, notaries, and persons designated by law, including minister of Justice; [ 11 ] ORDERS the anonymity of the defendant be guaranteed, including when the judgment will be published; [ 12 ] DECLARES that the defendant is a danger to herself regarding her mental state; [ 13 ] ORDERS to M rs.
S. A. , the defendant, to subject herself to the confinement in an institution at the Ungava Tulattavik Health Center as long as her mental state justifies the confinement, but at the most 21 days from the date of the judgment to be rendered; [ 14 ] Consequently, CONFINES M rs. S.
A. , the defendant, to the Ungava Tulattavik Health Center; [ 15 ] AUTHORIZES the plaintiff to transfer the defendant, at anytime, to another facility that best fits her needs and DECLARES that the order to be pronounced can be executed by that facility; [ 16 ] ORDERS the peace officers and/or the paramedics to assist the plaintiff and/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 she is, would not conform to this order; [ 17 ] ORDERS THE NOTIFICATION of the judgment to the defendant and to the Impleaded Party; [ 18 ] THE WHOLE without costs. __________________________________ NATHALIE SAMSON, J.C.Q. Mtre David Lecours Cain Lamarre, Avocats Counsel for the plaintiff Mtre Émilie Breton-Côté Centre communautaire juridique de l’A.-T. Counsel for the defendant Public Curator of Québec Impleaded Party Date of hearing: May 30, 2022
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