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C-25 - Code of Civil Procedure

Section 878
Disposition versions

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878. The person contemplated by an application for the institution of protective supervision must be examined by the judge, clerk or notary, unless it is manifestly unreasonable to hear his testimony by reason of his state of health.
The person may be examined by a judge or the clerk of the district where he resides, even if the application is made in another district. The examination shall be taken in writing and transmitted to the meeting of relatives, persons connected by marriage and friends. If no examination takes place, the judgment mentions that fact and indicates the reason why the person was not examined.
Where the application is presented to a notary, the notary may not delegate responsibility for the examination to another notary except to avoid expense of travel arising from the distance at which the person of full age is residing. If the person does not have a sufficient understanding of French or English and the notary does not speak the person’s language, the notary may either hire an interpreter for the examination, or entrust the examination to a notary who speaks the person’s language. In all cases, the notary who examined the person draws up the minutes of the examination, translated into French or English, if necessary. If no examination is conducted, the notary draws up minutes stating the reasons why no examination took place.
1965 (1st sess.), c. 80, a. 878; 1977, c. 73, s. 34; 1989, c. 54, s. 139; 1992, c. 57, s. 403, s. 420; 1998, c. 51, s. 8; 2002, c. 7, s. 144.
878. The person contemplated by an application for the institution of protective supervision must be examined by the judge, clerk or notary, unless it is manifestly unreasonable to hear his testimony by reason of his state of health.
The person may be examined by a judge or the clerk of the district where he resides, even if the application is made in another district. The examination shall be taken in writing and transmitted to the meeting of relatives, persons connected by marriage and friends. If no examination takes place, the judgment mentions that fact and indicates the reason why the person was not examined.
Where the application is presented to a notary, the notary may not delegate responsibility for the examination to another notary except to avoid expense of travel arising from the distance at which the person of full age is residing. In all cases, the notary draws up the minutes of the examination of the person of full age or the reasons why the person was not examined.
1965 (1st sess.), c. 80, a. 878; 1977, c. 73, s. 34; 1989, c. 54, s. 139; 1992, c. 57, s. 403, s. 420; 1998, c. 51, s. 8.
878. The person contemplated by an application for the institution of protective supervision must be examined by the judge or clerk, unless it is manifestly unreasonable to hear his testimony by reason of his state of health. The person may be examined by a judge or the clerk of the district where he resides, even if the application is made in another district.
The examination shall be taken in writing and transmitted to the meeting of relatives, persons connected by marriage and friends.
1965 (1st sess.), c. 80, a. 878; 1977, c. 73, s. 34; 1989, c. 54, s. 139; 1992, c. 57, s. 403, s. 420.
878. The person contemplated by an application for the institution of protective supervision must be examined by the judge or prothonotary, unless it is manifestly unreasonable to hear his testimony by reason of his state of health. The person may be examined by a judge or a prothonotary of the district where he resides, even if the application is made in another district.
The examination shall be taken in writing and transmitted to the family council.
1965 (1st sess.), c. 80, a. 878; 1977, c. 73, s. 34; 1989, c. 54, s. 139.
878. When the motion is based upon mental illness, the person whose interdiction is sought is interrogated by the judge or prothonotary. Such examination is taken down in writing and communicated to the family council.
However, the judge or the prothonotary is not bound to proceed with the examination if a certificate from a psychiatrist practising in the establishment where the person is treated is filed in the record, attesting that he is under close treatment because of his mental condition and that the reports provided for by sections 7 and 12 of the Mental Patients Protection Act (chapter P-41) conclude that such person is incapable of administering his property.
1965 (1st sess.), c. 80, a. 878; 1977, c. 73, s. 34.
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