2012 QCCQ 8525, 2012 QCCQ 8525

Proulx c. A.I. 2012 QCCQ 8525 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ABITIBI LOCALITY OF KUUJJUAQ Civil Court DATE: September 26, 2012 N° : 605-40-000184-129 ______________________________________________________________________ BY THE HONOURABLE CLAUDE BIGUÉ, J.C.Q. ______________________________________________________________________ DR. JEAN-FRANÇOIS PROULX Plaintiff A. I. Defendant DR. LATOYA CAMPBELL Third-party claim ______________________________________________________________________ CORRECTED ORDER FOR AN INDIVIDUAL TO UNDERGO MEDICAL TREATMENT (Sections 83 to 88, 111 and 175, P.H.A. ,

section 9 of the Ministerial regulation for the application of the P.H.A. and

section 776 C.c.p. ) ______________________________________________________________________ [ 1 ] GIVEN the application to issue an order to have an individual undergo medical treatment pursuant to the physical examination of the defendant; [ 2 ] GIVEN the positive results of the cultures made from expectorations; [ 3 ] GIVEN that Dr. Latoya Campbell has noted that the defendant has refused or neglected to undergo the required medical treatment that must be completed to avoid present and future risks of contagion; [ 4 ] GIVEN sections 83 to 88, 111 and 175 of the Public Health Act ,

section 9 of the Ministerial regulation for the application of the Public Health Act and

section 776 of the Code of civil procedure ; [ 5 ] GIVEN that the plaintiff has established the merit of his application for an order; [ 6 ] GIVEN the reasons expressed verbally; [ 7 ] GIVEN that the evidence provides serious reason to believe that the defendant’s physical condition represents a risk of transmission of the disease to others; [ 8 ] GIVEN that the defendant suffers from pulmonary tuberculosis, a contagious disease that must be treated [1] ; [ 9 ] GIVEN the urgency of the situation; FOR THE ABOVE REASONS, THE COURT: [ 10 ] GRANTS the application;

[ 11 ] EXEMPTS the plaintiff from notifying the defendant of the present application; [ 12 ] AUTHORIZES the Ungava Tulattavik Health Centre to administer to the defendant, A.

I., against her will if need be, all required medical treatment and to proceed with all clinical and other necessary evaluations, notably bacteriological and radiological, and this for as long as a representative of the Ungava Tulattavik Health Centre and a representative of the Department of Public Health deem necessary, for a maximum period of 24 months; [ 13 ] AUTHORIZES the Ungava Tulattavik Health Centre to hospitalize and treat the defendant, against her will if need be, and this for as long as a representative of the Ungava Tulattavik Health Centre and a representative of the Department of Public Health deem necessary, for a maximum period of 24 months; [ 14 ] ORDERS the defendant to go to the Ungava Tulattavik Health Centre to be hospitalized there if necessary for as long as a representative of the Ungava Tulattavik Health Centre and a representative of the Department of Public Health deem necessary, for a maximum period of 24 months; [ 15 ] ORDERS the defendant to submit to the required medical treatment and to all clinical and other necessary evaluations, notably bacteriological and radiological, for as long as a representative of the Ungava Tulattavik Health Centre and a representative of the Department of Public Health deem necessary, for a maximum period of 24 month; [ 16 ] ORDERS that a security guard be stationed in front of the defendant’s room if necessary, for as long as a representative of the Ungava Tulattavik Health Centre and a representative of the Department of Public Health deem necessary; [ 17 ] ORDERS the defendant to undergo her therapy under direct observation as prescribed by the physician; [ 18 ] ORDERS the defendant to attend her medical appointments set by the plaintiff and the attending physician of the Ungava Tulattavik Health Centre to follow up her condition; [ 19 ] ORDERS the defendant to cooperate with the health professionals involved in her treatment; [ 20 ] ORDERS all peace officers to do everything reasonably possible to locate the defendant and to use all the appropriate means, including force if necessary, to take her to the Ungava Tulattavik Health Centre in Kuujjuaq in order to have her evaluated and hospitalized, as needed, and this for a maximum period of twenty-four (24) months from the date of the judgment to intervene in the present application; [ 21 ] ORDERS all peace officers, if necessary, to search for the defendant regardless of where she may be, including in a home, in order to take her to the Ungava Tulattavik Health Centre in accordance with the order, and to use the necessary force to enter said home or the premises where the defendant is found; [ 22 ] ORDERS the application of the authorizations and orders, with any necessary adaptations, to all individuals or health institutions where the defendant may be transferred or treated; [ 23 ] ORDERS the respondent to communicate with the Department of Public Health of the location where she resides each time she changes residence, for a maximum period of twenty-four (24) months from the date of the judgment to intervene in the present application; [ 24 ] ORDERS the provisional execution of the present judgment, notwithstanding appeal; [ 25 ] ORDERS that the present procedures be placed and kept under seal; [ 26 ] WITHOUT costs; [ 27 ] ORDERS that the service of the judgment to the defendant be made by peace officer or by a person of legal age. __________________________________ CLAUDE BIGUÉ, J.C.Q.

Me Alexandra Doyon Monette, Barakett, lawyers Attorney for the plaintiff Date of hearing: September 18, 2012