2018 QCCQ 9057, 2018 QCCQ 9057

Cree Board of Health and Social Services of James Bay c. K.G. 2018 QCCQ 9057 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF ABITIBI « Civil Chamber » N° : 614-40-000001-184 DATE : November 13 th , 2018 UNDER OF THE PRESIDENCY OF THE HONOURABLE CLAUDE P. BIGUÉ, J.C.Q. CREE BOARD OF HEALTH AND SOCIAL SERICES OF JAMES BAY , legal person with its principal establishment at Chisasibi, district of Abitibi, province of Quebec, J0M 1E0; Plaintiff vs. K.

G. (born on [...], 1996 ), [...], Town A, district of Abitibi, province of Quebec, [...], but currently hospitalized at the Chisasibi Health Center ; Defendant and KA. P. , [...], Town A, district of Abitibi, province of Quebec, [...]; Mise 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 the evaluation performed by D re.

Janique Harvey on November 10 th , 2018, which concludes to the necessity to confine the defendant in an institution; [ 3 ] CONSIDERING that the defendant is believed to be a danger to herself according to her mental state; [ 4 ] CONSIDERING that the defendant refuses to be confined in an institution; [ 5 ] CONSIDERING the evidence that was presented at the hearing and that the applicant met its burden evidence; [ 6 ] CONSIDERING the urgency of the situation and all the circumstances; FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the plaintiff’s motion; [ 8 ] DECLARES that the defendant is believed to be a danger to herself regarding her mental state, according to

section 27 C.C.Q. [ 9 ] SHORTENS the service and the motion presentation delays; [ 10 ] ORDERS that K. G. , the defendant, submits herself to provisional confinement in the institution at the plaintiff’s establishment for the time prescribed by law, in order to carry out the necessary psychiatric assessment and, if necessary, so that an application may be made for the issuance of a custody order in an institution; [ 11 ] Consequently, CONFINES K.

G. , the defendant, to the Cree Board of Health and Social Services of James Bay (Chisasibi Health Center); [ 12 ] AUTHORIZES the plaintiff to transfer the defendant, at anytime, to another facility that best fits her needs and DECLARES that the present order can be executed by that facility;

[ 13 ] ORDERS that the reports of the psychiatric examinations be filed with the court within a delay of seven (7) days, pursuant to

section 29 of the Civil Code of Quebec . [ 14 ] ORDERS the peace officers or the paramedics to assist the plaintiff, with the necessary force, or anyone who is involved in the present order, 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; [ 15 ] ORDERS THE NOTIFICATION of the judgment to the defendant and to the mis en cause ; [ 16 ] ORDERS the anonymity of the parties concerned, the confidentiality of this file as well as restricted access to the file and the recording of the proceedings; [ 17 ] THE WHOLE without costs.

CLAUDE P. BIGUÉ, J.C.Q. David Lecours, lawyer Cain Lamarre, Avocats For the plaintiff Jean-Francis Bonnette, lawyer Legal Aid lawyer For the defendant Ka. P. , Mise en cause Date of the hearing: November 13 th , 2018