2019 QCCQ 4864, 2019 QCCQ 4864

Rochette c. T.A. JG2122 2019 QCCQ 4864 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ABITIBI « Civil court » N° : 640-40-000037-191 DATE : June 11, 2019 ______________________________________________________________________ PRESIDING JUDGE THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ MARIE ROCHETTE, MD Applicant c. T. A. Respondent DRE. EVE-MAGALI SAURIOL-LAPALME Third party proceeding ______________________________________________________________________ JUDGMENT ORDER TO SUBJECT AN INDIVIDUAL 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 ) ______________________________________________________________________ [ 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 ] GIVEN that Dre.

Sauriol-Lapalme has noted and notified the public health director that the respondent has neglected to undergo the required medical treatment that must be respected to avoid present and future risks of contagion; [ 4 ] GIVEN that pulmonary tuberculosis is a contagious disease that must be treated; [ 5 ] GIVEN sections 83 to 88, 109 and 111 of the Public Health Act,

section 9 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 ; [ 6 ] GIVEN that the applicant has established the merit of his application for an order; [ 7 ] GIVEN the reasons expressed verbally; [ 8 ] GIVEN that the evidence provides reasonable grounds that the protection of the health of the population so warrants; [ 9 ] 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; [ 10 ] GIVEN that even if the respondent was duly notify, he failed to appear at the hearing; [ 11 ] GIVEN the urgency of the situation; FOR THE ABOVE REASONS, THE COURT:

[ 12 ] GRANTS the present application ; [ 13 ] AUTHORIZES and ORDERS the respondent to submit to the conditions of his intervention 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 to intervene in the present application; [ 14 ] 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 to intervene in the present application; [ 15 ] 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 to intervene in the present application; [ 16 ] ORDERS the respondent to communicate to the Inuulitsivik Health Centre in Puvurnituk 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; [ 17 ] ORDERS the provisional execution of the present judgment, notwithstanding appeal; [ 18 ] ORDERS that the present procedures be placed and kept under seal; [ 19 ] THE WHOLE , without fees. __________________________________ JEAN-PIERRE GERVAIS, J.C.Q. Me Mona Kayal Monette Barakett, lawyers Attorney for the applicant Date of hearing : June 11, 2019