r v. J., 2013 QCCQ 15165

Centre de santé et de services sociaux de la Baie des Chaleurs c. J.I. 2013 QCCQ 15165 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF BONAVENTURE Civil Division No. 105-40-000165-137 DATE: November 29, 2013 ______________________________________________________________________ PRESENT: THE HONOURABLE JULES BERTHELOT J.C.Q. ______________________________________________________________________ CENTRE DE SANTÉ ET DE SERVICES SOCIAUX DE LA BAIE DES CHALEURS Petitioner v. J. I. Respondent and C. I.

Impleaded party ORDER FOR TEMPORARY CONFINEMENT IN AN INSTITUTION IN ORDER TO UNDERGO A PSYCHIATRIC ASSESSMENT (Articles 27 et seq. of the Civil Code of Québec and articles 778 et seq. of the Code of Civil Procedure )

[ 1 ] JB4297 GIVEN the motion for temporary confinement in an institution in order to undergo a psychiatric assessment, supported by an affidavit; [ 2 ] GIVEN service of the motion on the respondent and the impleaded party; [ 3 ] GIVEN that the examination of the respondent before the Court could be detrimental to her health and safety; [ 4 ] GIVEN the content of the psychiatric reports of Dr.

Anne-Sophie Rancourt, dated November 26 and 27, 2013, which conclude that there is a need for temporary confinement for a psychiatric assessment; [ 5 ] GIVEN that the respondent refuses to undergo the psychiatric assessment required by her state (arts. 26 to 31 C.C.Q.); [ 6 ] GIVEN that the Court has serious reasons to believe the respondent poses a danger to herself and others because of her mental state; is suffering from paranoid schizophrenia, psychosis with delusions of persecution and auditory hallucinations; has no insight; has committed suicidal acts in the past in a similar context; and is aggressive; and there is a high risk that she will run away; [ 7 ] GIVEN the urgency and necessity of abridging the time period for filing the motion; CONSEQUENTLY, THE COURT: [ 8 ] ALLOWS the present motion; [ 9 ] ABRIDGES the time period for filing the motion, given the urgency of the situation; [ 10 ] DECLARES that it is manifestly unnecessary to obtain the testimony of the respondent because of her state and DISPENSES with having her testify; [ 11 ] ORDERS the respondent, J.

I., 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; [ 12 ] ORDERS that the respondent be placed in temporary confinement in that institution in order to undergo a psychiatric assessment; [ 13 ] ORDERS the director of professional services of that institution to submit the two reports constituting the psychiatric assessment to the clerk of the Civil Division of the Court of Québec within seven days of this order; [ 14 ] THE WHOLE , without costs.

____________________________________ JULES BERTHELOT J.C.Q. Mtre. WILLIAM ASSELS Counsel for the petitioner