- The Honourable Dr. Philippe Couillard, Quebec Minister of Health Services and Social Services
TO: The Honourable Dr. Philippe Couillard, Quebec Minister of Health Services and Social Services
TO: Madame Nicole Malo, Public Curator
cc. The Honourable Mme Carole Théberge, Quebec Minister of Family, Seniors and the Status of Women
We, the undersigned, believe that the rights of the intellectually disabled young man, presently under tutorship of the Quebec public curator, and known by the alias of "Tiger" [documentation with his real identity already in possession of your office] have been and continue to be violated by establishments mandated under the Act respecting health services and social services to provide him with adequate care.
We believe that he has been, throughout his life, deprived of specific rights granted to all citizens and to which he was and is entitled under Quebec, Canadian and international law. Attached are specific rights, which we believe that Tiger was and is entitled to and has not been granted via the following:
* United Nations, Convention on the Rights of the Child, ratified by Canada in 1991
* United Nations, Rules for the Protection of Juveniles Deprived of their Liberty, (1990),
* Canadian Charter Of Rights And Freedoms;
* Quebec Charter Of Human Rights And Freedoms;
* Quebec, Youth Protection Act ;
* Quebec, Civil Code
* Quebec, An Act respecting health services and social services;
* Quebec, Public Curator Act;
We believe most notably that he has and continues to be deprived of the "personalised services" to which he has always been entitled to by the following article contained in the AHSSS:
"5. Every person is entitled to receive, with continuity and in a personalized manner, health services and social services which are scientifically, humanly and socially appropriate."
Fundamentally, we believe that not only has Tiger been deprived of his rights as stated above, but also that he has been mistreated, misdiagnosed, misplaced, neglected, abused, punished and persecuted all under the guise of "care" aimed at meeting his needs and interests.
Given that the Quebec Human Rights commission ruled in the year 2000, that Tiger's rights and specifically those related to his right to health, social and educational services granted under article 8 of the Youth Protection Act were violated and given that adequate measures have not been taken since this date to remedy his situation, we therefore request the following:
* There be an immediate stop to all forms of punitive behaviour toward Tiger;
* The Ministry conduct a complete and transparent investigation into the health services and social services that Tiger has received from the age of 2, when he first came to the attention of social services, to the present;
* The Ministry in conjunction with the Public Curator provide a full guarantee, as of now, that Tiger will receive services of the highest professional calibre, to be treated at all times with dignity and with respect for his rights;
* the Ministry in conjunction with the Public Curator actively work to remove all prejudice and bias which has been created as a result of the mismanagement of Tiger and his situation;
* Given the multitude of social and health services which have been involved in depriving Tiger of adequate services, the Ministry itself assume the full responsibility for the development and implementation of a comprehensive and long term plan. That Tiger, a representative from the Public Curator's office and person(s) selected by Tiger to assist him, participate in the development of such plan. This plan must of necessity include resources that would ensure Tiger's ongoing positive development, social adjustment and his becoming a fully contributing member of our society;
* An independent body be mandated to provide an assessment to determine how much, if any, financial compensation Tiger should receive in view of the serious negligence and harm that he has suffered by the health and social services establishments.