2022 QCCQ 8118, 2022 QCCQ 8118

Rochette c. M.A. 2022 QCCQ 8118 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ABITIBI Civil Division No: 640-40-000097-229 DATE: November 8, 2022 ______________________________________________________________________ BY THE HONOURABLE CLAUDE P. BIGUÉ, J.C.Q. ______________________________________________________________________ MARIE ROCHETTE, MD Applicant v. M. A.

Respondent and MARGARET-MAY RAYMOND, MD Third party proceeding ______________________________________________________________________ ORDER TO SUBJECT AN INDIVIDUAL TO ISOLATION MEASURES AND MEDICAL TREATMENT ( Public Health Act, CQLR, S-2.2, s. 83 to 88, 109 and 111) ______________________________________________________________________

[ 1 ] GIVEN the application to issue an order to subject an individual to medical treatment pursuant to the physical examination of the respondent; [ 2 ] GIVEN that the respondent is diagnosed with active pulmonary tuberculosis; [ 3 ] CONSIDERING the detailed testimonies of two doctors, Dr Valérie Messier and Dr Margaret May-Raymond (declared to be an expert by the Court); [ 4 ] GIVEN that Dre Margaret-May Raymond has noted and notified the public health director that the respondent has neglected to undergo the required isolation measures and medical treatment that must be respected to avoid present and future risks of contagion; [ 5 ] GIVEN that pulmonary tuberculosis is a contagious disease that must be treated; [ 6 ] GIVEN sections 83 to 88, 109 and 111 of the Public Health Act ,

section 35 of the Ministerial regulation for the application of the Public Health Act and

section 395 of the Code of civil procedure , CQLR, c.

C-25.01 ; [ 7 ] GIVEN that the applicant has met its burden of evidence and established the merit of his application for an order; [ 8 ] GIVEN the reasons expressed verbally; [ 9 ] GIVEN that the evidence provides reasonable grounds that the protection of the health of the population so warrants, tuberculosis being a very contagious disease; [ 10 ] 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; [ 11 ] GIVEN the urgency of the situation and the impossibility to serve the defendant, who runs away repeatedly for long periods of absence, even if given formal isolation orders; FOR THE ABOVE REASONS, THE COURT: [ 12 ] DISPENSES the applicant from service of the procedures to the defendant and AUTHORIZES the applicant to proceed in absence of the defendant; [ 13 ] GRANTS the present application [ 14 ] AUTHORIZES and ORDERS the hospitalization in isolation in negative pressure room at the Inuulitsivik Health Centre in Puvirnituq or any other healthcare facility required by the patient medical condition until the duration of treatment ensure the absence of transmission And, if isolation is needed, authorise police officers, if he escapes, for him to be retrieved and brought back to hospital for a maximum period of 30 days; [ 15 ] AUTHORIZES and ORDERS the Respondent to submit to the conditions of his intervention and treatment plan as established by the medical and social interveners responsible therefor, and this until completion of his treatment, as well as to submit to the clinical and other evaluations, notably bacteriological and radiological, necessary to monitoring of his condition.

This will apply for a maximum period of twenty-four (24) months from the date of the judgment in the present application; [ 16 ] AUTHORIZES and ORDERS any officer of the peace to find, wherever the Respondent may be located, including a residence, and bring the Respondent to the responsible health institution for evaluation, treatment and hospitalization as needed.

This will apply for a maximum period of twenty-four (24) months from the date of the judgment in the present application. [ 17 ] AUTHORIZES and ORDERS the responsible health institution to notify any officer of the peace so to find, wherever the Respondent may be located, including a residence, and bring the Respondent for evaluation, treatment and hospitalization, with usual isolation measures required by infection control principles in a hospital environment.

This will apply for a maximum period of twenty-four (24) months from the date of the judgment in the present application; [ 18 ] ORDERS the Respondent to communicate to the Inuulitsivik Health Centre in Puvirnituq or the CLSC of his community of residence about any travel plan exceeding 48 hours or any change to his place of residence.

This obligation is to be valid for a maximum period of twenty- four (24) months from the date of the judgment to intervene in the present application. [ 19 ] ORDERS the provisional execution of the present judgment, notwithstanding appeal; [ 20 ] ORDERS that the present procedures be placed and kept under seal; [ 21 ] THE WHOLE, without fees.

__________________________________ CLAUDE P. BIGUÉ, J.C.Q. Mtre Simon Lacoste Monette Barakett, lawyers Attorney for the applicant Me Émilie Breton-Côté Legal Aid Office Friend of the Court Date of hearing: November 8, 2022