February 22, 2005 — Le Protecteur du citoyen

Bill 83 The protectrice du citoyen is delighted to be entrusted with the health and social services sector

Québec City, February 22, 2005 – By conferring the role of health and social services ombudsman on the Protecteur du citoyen, Bill 83 (An Act to amend the Act respecting health services and social services and other legislative provisions) ensures independent recourse for all network users. Because the Protecteur du citoyen reports directly to the National Assembly, it will enjoy complete independence in the performance of this new task.

In her brief to the Committee on Social Affairs, the Protectrice du citoyen, Pauline Champoux-Lesage enthusiastically welcomed her new responsibilities, stating that “Citizens can now submit their complaints to an organization that operates completely at arm’s length from the executive branch. This bill also includes overall improvements to the complaint processing system in the health and social services network, which means the public will now have better recourse,” believes Ms. Champoux-Lesage.

The Protectrice du citoyen salutes the certification process for seniors’ residences provided for in Bill 83. “By certifying these residences, we believe the minister is indeed concerned with the importance of a safe living environment and the quality of services that must be provided to those who live in these private residences and have been referred to them by the network,” says Ms. Champoux-Lesage.

However, she believes such certification should be required not only for residences for seniors, but also for those who have cognitive or intellectual disabilities, suffer from chronic or psychiatric diseases, or are struggling with drug addiction problems. She recommends also that all private residences wishing to accommodate individuals with special needs who are referred by the health and social services network be required to be certified. This would provide better protection for all citizens who require special services.

Preserving the right to consent

The Protectrice du citoyen questions the adequacy of the bill’s provisions regarding the circulation and safeguarding of health-related information. The bill sets out a certain number of new situations where the disclosure of personal information is authorized without the user’s consent. She deems it essential that all users preserve the right to consent to information disclosure. Ms. Champoux-Lesage believes a simple procedure could be set up and used throughout the health and social services network. She considers the requirement to obtain consent not only a matter of respect for fundamental rights, but also an opportunity to inform users and involve them in the care and services they receive.

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