2011 QCCA 1327, 2011 QCCA 1327

S.P. c. Jean-Talon Hospital 2011 QCCA 1327 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-021567-110 ( 500-05-080892-118 ) MINUTES OF THE HEARING DATE: July 8, 2011 CORAM: THE HONOURABLE JACQUES A. CHAMBERLAND, J.A. JACQUES A. LÉGER, J.A. NICHOLAS KASIRER, J.A. APPELLANT(

S) ATTORNEY(

S) S... P... In person RESPONDENT(

S) ATTORNEY(

S) JEAN- TALON HOSPITAL GEORGES DADOUR Mtre Sylvain Guernon GERNON AVOCATS IMPLEADED PARTY ATTORNEY(

S) McGILL UNIVERSITY HEALTH CENTRE Mtre Robert Cox

On appeal from a judgment rendered on March 17, 2011 by the Honourable Mr. Justice Kirkland Casgrain of the Superior Court, District of Montreal. NATURE OF THE APPEAL : MOTION, AUTHORIZATION WITH RESPECT TO CARE Clerk: MARC LEBLANC Courtroom: PIERRE-BASILE-MIGNAULT HEARING File continued from July 4 to July 8, 2011. Judgment rendered – see page 3. Marc Leblanc Clerk BY THE COURT JUDGMENT

[ 1 ] The Appellant stands charged of sexual assault and criminal harassment, in addition to charges of breaching conditions on three separate dates in July 2009. [ 2 ] On May 3, 2010, Labelle J. (Court of Quebec, Criminal Division) declared the Appellant unfit to stand trial and referred him to the Review Board (for the Province of Quebec, the Tribunal administratif du Québec,

section des Affaires sociales). [ 3 ] The disposition hearing was held before the Review Board on July 6, 2010. Following the testimony of Dr. Jean-Maurice Agier and that of the Appellant, the Board concluded that the latter was still unfit to stand trial, that he constituted a serious risk for the public safety, and thus ordered his detention at Jean-Talon Hospital, subject to authorized leave by the hospital staff according to his clinical state and treatment plan. The written reasons of the Review Board were provided on March 18, 2011. [ 4 ] On March 11, 2011, Dr. G.

Dufour and the Jean-Talon Hospital served a Motion for authorization to provide medical care upon the Appellant in order for him to undergo the medical treatment relevant to his condition. [ 5 ] The parties appeared before Casgrain J. on March 17, 2011. Dr. Jean-Maurice Agier was heard on behalf of the Respondents, as was the Appellant. [ 6 ] The judgment appealed from was rendered from the bench, at the end of the hearing. [ 7 ] The Court is of the view that the Appellant raises no grounds either in his Notice of Appeal or in his written exposé which would justify disturbing the judgement below.

There is no error of law in the reasoning of the judge of first instance nor any palpable and overriding error in his appreciation of the evidence adduced before him. [ 8 ] FOR THESE REASONS: [ 9 ] DISMISSES the appeal, without costs. JACQUES A. CHAMBERLAND, J.A. JACQUES A. LÉGER, J.A. NICHOLAS KASIRER, J.A.