2020 QCCQ 6210, 2020 QCCQ 6210
Opinion
Centre intégré de santé et de services sociaux de la Gaspésie, réseau local de services de la Côte de Gaspé c. T.T. 2020 QCCQ 6210 COURT OF QUEBEC « Civil Division » CANADA PROVINCE OF QUEBEC DISTRICT OF GASPÉ N° : 110-40-000316-201 DATE : October 22, 2020 ______________________________________________________________________ BY THE HONOURABLE RICHARD CÔTÉ, J. C.Q. ______________________________________________________________________ Centre INTÉGRÉ de santé et de services sociaux DE LA GASPÉSIE, RÉSEAU LOCAL DE SERVICES DE LA CÔTE DE GASPÉ Plaintiff -v- T. T.
Defendant -and- CURATEUR PUBLIC DU QUÉBEC Third Party ______________________________________________________________________ ORDER OF TEMPORARY CONFINEMENT FOR A PSYCHIATRIC EVALUATION (S. 27 and following CCQ and 391 and following CCP) ______________________________________________________________________ [ 1 ] Considering the Application for Temporary Confinement for a Psychiatric Assessment presented following
section 27 and following of the CCQ , and of
section 391 and following of the CCP ; [ 2 ] Considering the medical document titled « Avis au Directeur des services professionnels», filed under EXHIBIT P-1 and the document titled as «Avis medical en vue d’une demande d’évaluation psychiatrique», filed under EXHIBIT P-2; [ 3 ] Considering that the Application was duly notified to the Defendant and to the Third party; [ 4 ] Considering the Third party is the Curator Public of Quebec; [ 5 ] Considering the evidence establishing each of the Application’s alleged facts;
a) Considering the evidence submitted to the effect that: On October 20, 2020, the Defendant was brought to the hospital by paramedics;
b) Earlier that day, the Defendant had sent a text message to his sister saying that he wanted to kill himself accompanied by a picture of a BB gun;
c) The Defendant lives with his parents and they are afraid of him;
d) The Defendant utters death threats towards his parents;
e) The Defendant tries to control everything in his parents’ home;
f) The Defendant denies having suicidal thoughts;
g) Considering the Defendant refuses to stay in the hospital and to submit himself to a psychiatric assessment; [ 6 ] Considering the fact that the defendant's testimony appeared unreliable. [ 7 ] The Court has serious reasons to believe that the Defendant is a danger to himself/herself or to others owing to his mental state; [ 8 ] The Court considers the security and health of the Defendant requires that he be confined in the hospital and that a psychiatric assessment be made; FOR THESE REASONS, THE COURT : [ 9 ] ORDERS that this file be heard behind closed doors; [ 10 ] ORDERS the confidentiality of the present file and of its recordings; [ 11 ] ORDERS that the judgment keeps the parties anonymity in case of publication; [ 12 ] GRANTS the present Motion; [ 13 ] SHORTENS the notification delay of the present Motion; [ 14 ] ORDERS the Defendant to submit himself to a psychiatric assessment which will be made by the Centre intégré de santé et de services sociaux de la Gaspésie (Hospital of Gaspé) – 215 Boulevard de York O, Gaspé, QC G4X 2W2 , district of Gaspé, Qc; [ 15 ] ORDERS that the Defendant be temporarily confined in this establishment for a psychiatric assessment; [ 16 ] ORDERS this establishment’s professional services Director to give to the Court of Quebec (Civil Division) court clerk two reports constituting the psychiatric assessment in the seven (7) days of the judgment to come. [ 17 ] WITHOUT COSTS. __________________________________ RICHARD CÔTÉ, J.C.Q.
Me Mylène Pelletier-Rivet Attorney for the Plaintiff Me Mylène Murray Attorney for the Defendant Date of hearing : October 22, 2020
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