2021 QCCQ 10721, 2021 QCCQ 10721

Inuulitsivik Health Center (Puvirnituq) c. J.I. 2021 QCCQ 10721 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ABITIBI Civil Division No: 640-40-000073-212 DATE: October 26, 2021 ______________________________________________________________________ BY THE HONOURABLE CLAUDE P. BIGUÉ, J.C.Q. ______________________________________________________________________ INUULITSIVIK HEALTH CENTER (PUVIRNITUQ) legal person with its principal establishment at the town of Puvirnituq, district of Abitibi, province of Quebec, J0M 1Y0 Plaintiff v. J.

I. (born [...], 1973 ), town A, district of Abitibi, province of Quebec, [...], but currently hospitalized at the Inuulitsivik Health Center in Puvirnituq Defendant and PUBLIC CURATOR OF QUEBEC, 600, West Rene-Levesque Boulevard, district and town of Montreal, province of Quebec, H3B 4W9 Mis en cause ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] CONSIDERING the “ Motion to institute proceedings to obtain an order of the Court for a provisory confinement in an institution in order to proceed to psychiatric evaluations ”; [ 2 ] CONSIDERING that on October 2021, the defendant ran away three times from the hospital, then was found many days later, and on October 10, he was finally found on the Hudson Bay, 40 kilometers from the coast; on October 12, he was asking to die; [ 3 ] CONSIDERING that the defendant is a danger to himself according to his mental state and his advanced mental disorganization; [ 4 ] CONSIDERING that the defendant refuse to voluntarily remain hospitalized and to subject himself to psychiatric assessments.

In court, he agrees and then changes his mind; a judgment is necessary in this case; [ 5 ] CONSIDERING the ambivalent position of the defendant; [ 6 ] CONSIDERING the testimony of D r. Maxime Leroux-LaPierre; [ 7 ] CONSIDERING the evidence that was presented at the hearing; [ 8 ] CONSIDERING the urgency of the situation and all the circumstances; FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the plaintiff’s action; [ 10 ] SHORTEN the service and the motion presentation delays; [ 11 ] DECLARES that the defendant is a danger to himself regarding his mental state; [ 12 ] ORDERS to M r. J.

I., the defendant, to subject himself to provisional confinement in the institution at the applicant's establishment or at any establishment where the defendant would be transferred for the time prescribed by law, in order to carry out the necessary psychiatric evaluations and, if necessary, so that an application may be made for the issuance of a confinement order in an institution; [ 13 ] Consequently, CONFINES M r. J.

I. , the defendant, to the Inuulitsivik Health Center; [ 14 ] AUTHORIZES the plaintiff to transfer the defendant, at anytime, to another facility that best fits his needs and DECLARES that the order to be pronounced can be executed by that facility; [ 15 ] 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 he is, would

not conform to this order; [ 16 ] ORDERS THE NOTIFICATION of the judgment to the defendant and to the mis en cause ; [ 17 ] THE WHOLE without costs. __________________________________ CLAUDE P. BIGUÉ, J.C.Q. Mtre Olivier Lacoursière Cain Lamarre, Avocats Counsel for the plaintiff Mtre Cassandra Neptune Centre communautaire juridique de l’A.-T. Counsel for the defendant Public Curator of Québec Mis en cause Date of hearing: October 26, 2021