2011 QCCA 1411, 2011 QCCA 1411

S.P. c. Directeur des poursuites criminelles et pénales 2011 QCCA 1411 COURT OF APPEAL CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL MINUTES OF THE HEARING DATE: July 27, 2011 THE HONOURABLE FRANÇOIS DOYON, J.A. No: 500-10-004928-113 ( 500-36-005760-114 ) PETITIONER ATTORNEY S… P... Personally RESPONDENT ATTORNEY DIRECTEUR DES POURSUITES CRIMINELLES ET PÉNALES Mtre Alexandre Boucher Procureur aux poursuites criminelles et pénales MIS EN CAUSE ATTORNEY TRIBUNAL ADMINISTRATIF DU QUÉBEC ABSENT

MOTION FOR REVOCATION OF JUDGMENT No: 500-09-021567-110 ( 500-05-080892-118 ) PETITIONER ATTORNEY S… P… Personally RESPONDENTS ATTORNEY HÔPITAL JEAN-TALON GEORGES DADOUR Me Jacques Gernon GUERNON Avocats MIS EN CAUSE AT TORNEY CENTRE UNIVERSITAIRE DE SANTÉ McGILL Mtre Robert Cox Centre Universitaire de santé McGill (CUSM) MOTION TO BE TRANSFERRED TO ROYAL VICTORIA HOSPITAL MOTION FOR REVOCATION OF JUDGMENT

Clerk: Annick Nguyen Court Room: RC.18 HEARING 9:34 Commencement of the hearing. The motions 500-10-004928-113 and 500-09-021567-110 are heard simultaneously. Exchange between the judge and the parties. 9:35 Suspension. 10:11 Resumption of the hearing. Submission by Mtre Boucher. 10:13 Submission by Mtre Guernon. Submission by Mtre Cox. 10:14 Submission by Mr. P.. 10:20 Exchange between the judge and the parties. 10:25 Intervention of Mr. P.’s mother. 10:27 Comments of Mtre Cox. 10:28 BY THE JUDGE. Judgment to be rendered at 2 pm. 14:03 Resumption of the hearing. BY THE JUDGE. Judgment – See page 3.

Annick Nguyen Clerk JUDGMENT [ 1 ] Mr P. has filed three motions. The first one requests his transfer from Jean-Talon Hospital to Royal-Victoria Hospital. The second one seeks the revocation of a judgment of the Court, which dismissed his appeal of a judgment rendered by the Superior Court, authorizing Jean-Talon Hospital to provide medical care to Mr P..

The third one asks for the revocation of another judgment of the Court, which dismissed his appeal of two judgments rendered in accordance with the Criminal Code . [ 2 ] The transfer Mr P. is seeking is of an administrative nature and I am of the opinion that I do not have jurisdiction on this question. Moreover, should I have jurisdiction, the motion would not convince me to interfere with these procedures. [ 3 ] As to the revocation of judgments, the Court does not have jurisdiction to revoke its own judgments rendered on the merits in criminal matters [ R. v. Balafrej , J.E. 2005-267 (C.A.) ].

[ 4 ] Finally, the motion requesting revocation of the other judgment does not show that the conditions prescribed by articles 482 and 483 of the Code of civil procedure are met. In other words, it does not raise arguable grounds that could justify me to grant the motion. [ 5 ] FOR THESE REASONS , the motions are dismissed, without costs. FRANÇOIS DOYON, J.A.