2012 QCCQ 5981, 2012 QCCQ 5981
Opinion
Centre de santé et de services sociaux de Rouyn-Noranda c. J.F. 2012 QCCQ 5981 C O U R T O F Q U E B E C CANADA PROVINCE OF QUEBEC DISTRICT OF ROUYN-NORANDA « Civil Division » N° : 600-40-000232-127 DATE : May 25, 2012 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER, J.C.Q. ______________________________________________________________________ CENTRE DE SANTÉ ET DE SERVICES SOCIAUX DE ROUYN-NORANDA Plaintiff c. J. F. Defendant -and- N.
P. and CURATEUR PUBLIC DU QUÉBEC Mis en cause ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] JB4289 CONSIDERING the motion to institute proceedings to obtain a Court order for a confinement in an institution; [ 2 ] CONSIDERING the testimony in Court of D r Christian Dubé, psychiatrist at the establishment of the plaintiff; [ 3 ] CONSIDERING the two assessments performed respectively by D r Marc Neuveu, neurologist on May 1 st , 2012 and by D re Andréanne Lambert, neuropsychologist on May 9 th , 2012; [ 4 ] CONSIDERING the two psychiatric assessments performed respectively by D r Christian Dubé on May 22, 2012 and by D r Guillaume Barbès-Morin on May 23, 2012, which both conclude to the necessity to confine the defendant in an institution; [ 5 ] CONSIDERING that the defendant is a danger to herself owing to her mental state; [ 6 ] CONSIDERING that the defendant refuses to be confined in an institution; [ 7 ] CONSIDERING the proof that was presented at the hearing; [ 8 ] CONSIDERING the testimony in Court of the defendant; [ 9 ] CONSIDERING the urgency of the situation and all the circumstances;
FOR THESE REASONS, THE COURT : GRANTS the plaintiff’s motion; DECLARES that the defendant is a danger to herself owing to her mental state; SHORTENS the service and the motion presentation delays; ORDERS to J. F. , the defendant, to subject herself to the confinement in an institution at the Centre de santé et de services sociaux de Rouyn-Noranda for as long as her mental state justifies the confinement, but for at the most sixty (60) days from the date of the judgment to be rendered; CONFINES J.
F. , the defendant, to the Centre de santé et de services sociaux de Rouyn-Noranda , for as long as her mental state justifies the confinement, but for at the most sixty (60) days from the date of the judgment to be rendered; ORDERS the peace officers or the paramedics to assist the plaintiff or anyone who is involved in the order to be pronounced, on their verbal request, if assistance is needed for the execution of this Court order because the defendant, wherever she is, would not conform to this Court order; ORDERS THE NOTIFICATIONS of the judgment to the defendant and to the mis en cause ; THE WHOLE without costs. __________________________________ JOSÉE BÉLANGER, J.C.Q.
Angèle Tousignant, lawyer Bélanger Barrette, Avocats for the plaintiff Date of the hearing: May 24, 2012
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