2017 QCCQ 15040, 2017 QCCQ 15040

Rochette c. L.T. 2017 QCCQ 15040 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF ABITIBI Civil Division No: 640-40-000015-171 DATE: November 14, 2017 ______________________________________________________________________ BY THE JUDGE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ DRE MARIE ROCHETTE, MD Applicant v. L. T. Respondent and DRE JOANIE TREMBLAY-POULIOT Third party proceeding ______________________________________________________________________ ORDER TO SUBJECT AN INDIVIDUAL TO MEDICAL TREATMENT CORRECTED ( 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 treatment of the respondent and to keep him in isolation; [ 2 ] GIVEN that the respondent is diagnosed with active pulmonary tuberculosis; [ 3 ] GIVEN that Dre Sophie Roberge has noted and notified the public health director that the respondent has refused or neglected to undergo the required medical treatment that must be completed 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 , [1]

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

section 395 of the Code of civil procedure ; [2] [ 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 the urgency of the situation; FOR THE ABOVE REASONS, THE COURT: [ 11 ] GRANTS the present application; [ 12 ] AUTHORIZES AND ORDERS the responsible health institution to keep Mr.

T. in isolation at the Inuulitsivik Health Centre or any other health centre required for a maximum period of thirty (30) days, under permanent surveillance if needed, and notify police officers if he escapes in order for him to be retrieved and brought back to hospital; [ 13 ] AUTHORIZES AND ORDERS any officer of the peace to find and bring the respondent to the responsible health institution so that he be kept in isolation in accordance with his treating team for the protection of the public against transmission;

[ 14 ] 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 for a maximum period of twelve (12) months from the date of the judgment to intervene in the present application; [ 15 ] AUTHORIZES the Inuulitsivik Health Centre or any other health centre to hospitalize and treat the respondent, against his will if need be, and this for as long as a representative of the Health Centre and a representative of the Department of Public Health deem necessary, or for a maximum period of twelve (12) months ; [ 16 ] AUTHORIZES AND ORDERS the responsible health institution to notify any officer of the peace so to find and bring Mr.

T. for evaluation, treatment and hospitalization as needed. This will apply for a maximum period of twelve (12) months from the date of the judgment to intervene in the present application; [ 17 ] AUTHORIZES AND ORDERS any officer of the peace to find and bring the respondent to the responsible health institution for evaluation, treatment and hospitalization as needed.

This will apply for a maximum period of twelve (12) months from the date of the judgment to intervene in the present application; [ 18 ] ORDERS the respondent to communicate to his Health Centre 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 twelve (12) 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. __________________________________ MARC OUIMETTE, J.C.Q. Mtre. Camille Dulude Monette Barakett s.e.n.c. Lawyers for the applicant Mtre. Cassandra Neptune Centre communautaire juridique de l’A.-T. Lawyers for the respondent Date of hearing: November 13, 2017