2020 QCCQ 3436, 2020 QCCQ 3436

Rochette c. M.E. 2020 QCCQ 3436 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF ABITIBI Civil Court No: 635-40-000069-202 DATE: SEPTEMBER 11, 2020 ______________________________________________________________________ BY THE HONOURABLE CLAUDE P. BIGUÉ, J.C.Q. ______________________________________________________________________ MARIE ROCHETTE, MD Applicant M. E. Respondent LATOYA CAMPBELL, MD Third party proceeding ______________________________________________________________________ ORDER FOR THE REVIEW OF A COURT ORDER SUBJECTING AN INDIVIDUAL TO EXAMINATION AND TO MEDICAL TREATMENT ( Sections 83 to 88 , 109 and 111 of the Public Health Act (CQLR, c. S-2.2 ),

section 9 of the Minister’s regulation under the Public Health Act ( CQLR, c. S-2.2, r.2 ),

section 322 of the Code of Civil Procedure (CQLR c C-25.01 ) ______________________________________________________________________ [ 1 ] GIVEN the application to issue an order for the review of a court order to subject an individual to medical treatment pursuant to the physical examination of the respondent; [ 2 ] GIVEN the evidence, provided by the documentary exhibits, and by the testimonies of Charles Couture, and Dr Jean-François Proulx; [ 3 ] GIVEN the court order to subject an individual to medical treatment pursuant to the physical examination of the respondent rendered on July 27, 2020; [ 4 ] GIVEN the new fact that the respondent still does not comply with her treatment despite the court order rendered on July 27, 2020; [ 5 ] GIVEN that the respondent is still diagnosed with a persistent active pulmonary tuberculosis; [ 6 ] GIVEN that Dr.

Latoya Campbell has noted and notified the public health director that the respondent has still neglected to undergo the required medical treatment that must be respected to avoid present and future risks of transmission of the disease to others despite the court order rendered on July 27, 2020; [ 7 ] GIVEN that pulmonary tuberculosis is a contagious disease that must be treated; [ 8 ] GIVEN sections 83 to 88, 109 and 111 of the Public Health Act ,

section 35 of the Minister’s regulation under the Public Health Act, sections 322 and 395 of the Code of civil procedure , CQLR, c. C-25.01 ; [ 9 ] GIVEN that the applicant has established the merit of his application for an order; [ 10 ] GIVEN the reasons expressed verbally; [ 11 ] GIVEN that the evidence provides reasonable grounds that the protection of the health of the population so warrants; [ 12 ] GIVEN that the evidence provides serious reasons to believe that the respondent’s physical condition represents a risk of transmission of the disease to others; [ 13 ] GIVEN the urgency of the situation;

FOR THE ABOVE REASONS, THE COURT: [ 14 ] GRANTS the present application ; [ 15 ] REVIEWS the Court order rendered on July 27, 2020 in the Court file 635-40-000069-202 in order to add the following conclusions: AUTHORIZES and ORDERS the hospitalization of the respondent in the Ungava Tulattavik Health Centre in Kuujjuaq or any other appropriate health institution under permanent surveillance if needed, and/or in isolation in a negative pressure room, if needed, but for a maximum isolation period of 30 days, as established by the medical and social interveners responsible, and to notify police officers if he escapes in order for her to be retrieved and brought back to hospital for a maximum period of 30 days; AUTHORIZES and ORDERS the Ungava Tulattavik Health Centre in Kuujjuaq or any other responsible health institution to notify any officer of the peace so to find wherever the respondent may be located, including a residence, and bring, even by force, the respondent to treatment and to hospitalization for as long as a representative of the responsible health institution deem necessary, and this for a maximum period of twenty-four (24) months from the date of the present judgment September 11, 2020; [ 16 ] ORDERS the provisional execution of the present judgment, notwithstanding appeal; [ 17 ] ORDERS that the present procedures be placed and kept under seal; [ 18 ] THE WHOLE , without costs. __________________________________ CLAUDE P.

BIGUÉ, J.C.Q Me Mona Kayal Monette Barakett, lawyers Attorney for the applicant Date of hearing: September 11, 2020