Ill-treatment-in-residence: the remedies exist

Mauvais traitements en résidence: des recours existent

The law requires that seniors must be treated with dignity and have the right to live in a clean and safe place. So you have some recourse if you find that an establishment does not respect your rights or those of a loved one.

Make a complaint to the commissioner in charge of the institution

You can make a complaint to the commissioner of complaints and quality of services in charge of the institution if your rights or those of a loved one are not respected. You can do this by phone or by mail. You will find the contact details of the commissioner in the section on “Rights, remedies and complaints” section of the website www.quebec.ca. The complaint file is confidential.

The commissioner may assist you in formulating your complaint. You can also request the assistance of the users committee of the establishment or of the Center support et d’accompagnement aux plaintes (CAAP) of the region where the prison is situated (see www.fcaap.ca or call 1-877-527-9339). The commissioner will then review the events and provide you with its conclusions. If you are not satisfied with the response, you can contact the québec ombudsman the Québec.

Make a complaint to the ombudsman

The ombudsman generally intervenes in second appeal. You must first make a complaint to a commissioner for complaints and quality of services.

You can make a complaint by filling out the form available on the website www.protecteurducitoyen.qc.ca or by phone at 1-800-463-5070. The process is free of charge and all information provided is treated as confidential.

The ombudsman will first analyse your complaint. If he decides that he can deal with, the person in charge of your file (called a ” delegate “) will commence its investigation. She may ask questions and request documents to all people involved in the record, as the institution concerned and the people who work there.

The delegate will try to resolve your complaint within a period of 3 months and will inform you of its findings. It may make recommendations to the institution and ensure a follow-up to ensure that they are implemented. This may take some time, depending on the recommendation.

Collective action : if you are many in the same situation

When many people encounter the same issue, one of them may make a request for collective action. For example, a person who wishes to pursue a CHSLD in the name of all the residents of the facility and their families.

Applications of collective actions related to the health crisis of the present are already many and could multiply. Keep yourself abreast of the various collective actions in progress, because one of them might apply to you !

Mauvais traitements en résidence: des recours existent

Informational text – This text is not legal advice; it is recommended to consult with a lawyer or a notary public to such a notice. Éducaloi is a non-profit organization whose mission is to inform Quebecers of their rights and obligations in a clear language”.

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