2011 QCCA 904, 2011 QCCA 904

S.P. c. Hôpital Jean-Talon 2011 QCCA 904 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-021567-110 (500-05-080892-118) DATE: May 16, 2011 IN THE PRESENCE OF THE HONOURABLE JACQUES DUFRESNE, J.A. S. P. PETITIONER – APPELLANT - Defendant v.

L'HÔPITAL JEAN-TALON and GEORGES DADOUR, m.d., en sa qualité de directeur des Services professionnels du Centre de Santé et de Services sociaux du Centre-de-l'île RESPONDENTS – Plaintiffs JUDGMENT [ 1 ] Petitioner has appealed from a health care order pronounced by the Superior Court on March 17, 2011. [ 2 ] For the purposes of his appeal, petitioner was authorized to file a written argument of five pages in length, along with other relevant documents, in five copies.

He is, however, presently detained at respondent's hospital pursuant to the decision of the Administrative Tribunal of Quebec rendered on July 6, 2010.

In order to assist him in the preparation of the materials that he must submit to the Court, petitioner now asks for an order requiring the respondent to grant him permission to leave the hospital so that he might have access to a business that provides internet services. [ 3 ] At the hearing, petitioner explained before me that he needs access to a computer and a photocopy machine in order to type and make copies of the materials that he is required to submit to the Court. [ 4 ] Respondent contests the motion.

It states that it is not in a position to provide a computer or the services of a member of its personnel to transcribe petitioner’s five-page written argument. Respondent seems to fear setting a precedent. The situation is, however, highly unusual: petitioner was declared unfit to stand trial on account of mental disorder and is detained at Jean-Talon Hospital. [ 5 ] Unless the hospital reconsiders the position it has taken and shows some understanding and open-mindedness in the circumstances, petitioner will have to prepare his written argument in longhand.

He is indeed able to do so, as I can myself attest based on the motion that is before me. Thankfully, the written argument on appeal is only five pages long. [ 6 ] Moreover, given that the written argument and supporting materials must be filed in four copies, respondent will have to allow petitioner to go to a photocopy centre. He will have to be accompanied at all times by a member of the hospital's personnel. An order to this effect is necessary to allow petitioner to properly exercise his rights. [ 7 ] By consent, the delay to file the written argument is extended to May 31, 2011.

FOR THESE REASONS , the undersigned: [ 8 ] GRANTS in part petitioner’s motion; [ 9 ] ORDERS the respondent, Hôpital Jean-Talon, to bring the petitioner S.

P., accompanied by a member of the hospital's personnel as required by the decision of the Administrative Tribunal of Quebec of July 6, 2010, to a photocopy centre, in order to allow him to prepare the written argument in sufficient copies (five copies), unless the respondent provides an equivalent service within the hospital; [ 10 ] EXTEND the delay to file appelant’s written argument at the Court of Appeal up to and including May 31, 2011; [ 11 ] THE WHOLE, without costs. JACQUES DUFRESNE, J.A. Mr S. P. In person

Mtre Sylvain Guernon Guernon avocats Attorney for Respondents Date of hearing: May 12, 2011