2021 QCCQ 5666, 2021 QCCQ 5666

Cree Board of Health and Social Services of James c. M.C. 2021 QCCQ 5666 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ABITIBI Civil Division No: 614-40-000008-213 DATE: June 7, 2021 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ CREE BOARD OF HEALTH AND SOCIAL SERVICES OF JAMES , legal person with its principal establishment at Chisasibi, district of Abitibi, province of Quebec, J0M 1E0 Plaintiff v. M.

C. (born on May [...] 1979 ), town A, district of Abitibi, province of Quebec, J0Y 3B0 , but currently hospitalized at the Chibougamau Health Center Defendant and PUBLIC CURATOR OF QUEBEC , establish at 600, René-Lévesque West boulevard, town and district 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 confinement in an institution”; [ 2 ] CONSIDERING the copy of the “ Rapport d’examen psychiatrique pour ordonnance de garde en établissement” , written by D r.

Melissa Pickles on June 4 th , 2021 ; [ 3 ] CONSIDERING the copy of the “ Rapport d’examen psychiatrique pour ordonnance de garde en établissement” , written by D r.

Martin Lépine on June 5 th , 2021 ; [ 4 ] CONSIDERING the affidavit signed by Dr Pickles; [ 5 ] CONSIDERING that the defendant is a danger to herself and others according to her mental state; [ 6 ] CONSIDERING that the defendant refuses to remain voluntarily hospitalized; [ 7 ] CONSIDERING that it would be dangerous and medically contraindicated for the defendant to leave the Health Center; [ 8 ] CONSIDERING the evidence that was presented at the hearing; [ 9 ] CONSIDERING the urgency of the situation and all the circumstances; FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the plaintiff’s motion; [ 11 ] DECLARES that the defendant is a danger to herself and others regarding her mental state; [ 12 ] SHORTENS the service and the motion presentation delays; [ 13 ] ORDERS to M rs.

M. C. , the defendant, to subject herself to the confinement in an institution at the Cree Board of Health, Chibougamau Hospital, as long as her mental state justifies the confinement, but at the most 6 days from the date of the judgment to be rendered; [ 14 ] Consequently, CONFINE M rs. M.

C. , the defendant, to the Cree Board of Health; [ 15 ] AUTHORIZES the plaintiff to transfer the defendant, at any time, to another facility (Chisasibi, Chibougamau) that best fits her needs and DECLARES that the order to be pronounced can be executed by that facility; [ 16 ] 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 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 mis en cause; [ 18 ] THE WHOLE without costs. __________________________________ MARC OUIMETTE, J.C.Q. Mtre David Lecours Cain Lamarre Avocats Counsel for the plaintiff Mtre Émilie Breton-Côté Legal Aid Counsel for the defendant Date of hearing: June 7, 2021