On November 2, of 2014, I posted “Body of complaint letter to Quebec College des medecins”. Dr. Michel Joyal responded on behalf of the College in a two-page letter dated February 16, exonerating Dr. Lesage after an examination of the records. “I am therefore left to conclude that there was no breach of any kind on his part”, Dr. Joyal wrote. He also attached the necessary document should we choose to ask their Review Committee for a second opinion. We won’t be doing that. As I wrote in my March 6 letter to Dr. Joyal in answer (which follows here), “My February 16th (sic) letter was intended to put Brennan Guigue’s position on the record.” (My letter was actually dated October 31)

March 6, 2015

Michel Joyal, M.D., Assistant Syndic,
Collége des médecins du Québec,
2170 Réne Lévesque Blvd. West,
Montreal, QC H3H 2T8

Re: Doctor David Lesage/Patient: M. Brennan Wayne Guigue/Your file: 54856

Doctor Joyal:

I’m in receipt of your February 16th letter in response to mine of October 31st.

To quote a relevant paragraph: “After careful examination of all the documents consulted, I believe that Dr. Lesage’s clinical approach during your son’s assessment on August 19, 2014, was appropriate and in keeping with established standards. After his assessment, he issued a prescription consistent with his diagnostic opinion and, given the difficulty in positing a more precise diagnosis, referred him to a medical specialist. I am therefore left to conclude that there was no breach of any kind on his part.”

We did not anticipate a different outcome to your inquiry. My February 16th letter was intended to put Brennan Guigue’s position on the record. After a long wait, my son is only now about to consult with a specialist in the community. In the meantime, all remedies prescribed by various health-care professionals have been for naught, but we’re confident there is a connection between his present condition and the chemical assault at the Regional Reception Centre in Sainte-Anne-des-Plaines on July 22 of last year.

Brennan Guigue’s recollection of his contacts with health-care professionals at Donnacona Institution from July 23rd onwards is as presented in my letter, regardless of what any records may suggest to the contrary. Nonetheless, I am satisfied with your due diligence in investigating my complaint, and I thank you for a reasonably prompt reply.

Yours truly,

Charles H. Klassen
cc
Dr. David Lesage, Centre Méd. Hochelaga, Montreal
Elain Tousigmant, Deputy Commissioner, Regional Headquarters – Quebec
Marc Lamoie, Director/Warden, Donnacona Institution, Donnacona
Stephen Fineberg, Montreal
Brennan Guigue, Toronto

To compliment the February 26th entry to “Justice for Brennan Guigue”, Frédéric Héran’s February 12th letter needed a follow-up. Here’s my March 2nd response to Mr. Héran, and a March 6th letter to the Director/Warden at the Regional Reception Centre in Sainte-Anne-des-Plaines north of Montreal. Both are self-explanatory.

March 2, 2015

Frédéric Héran, Manager of Investigations,
Office of the Correctional Investigator,
P.O. Box 3421, Station “D”,
Ottawa, ON K1P 6L4

Dear Mr. Héran:

On behalf of Brennan Wayne Guigue, thank you for your February 12th letter regarding your Office’s findings around the July 22nd incident at RCC at Sainte-Anne-des-Plaines. He acknowledges that the OCI has now closed this file.

Brennan Guigue will continue to have an interest in this, however, as RCC staff members not only acted inappropriately, as you concluded, but contravened CSC policy on the use of OC, and behaved criminally as well. Needless to say, they also violated provisions of international treaties on the treatment of prisoners to which this country is a signatory. In addition, there is a real and probable possibility other inmates have been subject to the same abuse. One point that did not come to light here was the “seed” from which this experience sprang, but then, the reasons that ignite and inflame these situations rarely do.

These concerns are outside your purview of course, but Brennan appreciates the work you and your Office has done to bring the substance of this incident to CSC’s attention.
In gratitude, I am,

Yours truly,

Charles H. Klassen
cc Stephen Fineberg, Montreal
Don Head, Ottawa
Brennan Guigue
turnoverarocktoday.com

March 6, 2015

Stephane Lalande, Director,
Regional Reception Centre,
246 Montée Gagnon,
Sainte-Anne-des-Plaines, QC
J0N 1H0

Re: Brennan Wayne Guigue, FPS104902C
RCC use-of-force incident, July 22, 2014

Director Lalande:

The Office of the Correctional Investigator wrote Brennan Guigue on February 12 to say that with respect to the July 22, 2014 use-of-force incident at RCC, “the conclusion of the local management and the regional review from Correction (sic) Service Canada (CSC) which is consistent with our review of the fact that the level of force used was inappropriate and inconsistent with the Situation Management Model.”

This circumstance began when a guard made an unwarranted and unjustifiable decision contrary to CSC practice. Other CSC staff members escalated what should have been resolved quickly and without fanfare into an “inappropriate” action that also contravened both CSC policy and the manufacturer’s recommendations on the proper use of OC, crossed the line into criminality, and violated the provisions of international treaties on the treatment of prisoners to which this country is a signatory. In addition, there is a real and probable possibility other inmates have been subject to this same abuse.

According to the OCI letter referenced above, “CSC has identified and completed the corrective actions to address the concerns our Office had in regard to this incident.” This writer objects to the disregard for the law and CSC directives by many CSC employees on the one hand, and the absence of substantive consequences on the other. It’s important the public is made aware when civil servants do not act in our best interests, and I am keen to be an instrument to that end.

Yours truly,

Charles H. Klassen
cc blind copies

Brennan received a call from Frédéric Héran, Manager of Investigations at the Office of the Correctional Investigator, on the afternoon of February 12, the day after “Office of the Correctional Investigator Looks at Justice for Brennan Guigue” was posted here.
The Correctional Service of Canada review of the July 22 incident at the Regional Reception Centre north of Montreal concluded that the use-of-force was not justified, and the OCI investigation agreed. Mr. Héran gave Brennan a reference number for the OCI file, and a phone number should he have further questions.
He knew Brennan had filed a third level grievance on this incident with CSC in Ottawa, he knew Brennan hadn’t received a response as they needed a current mailing address, and he gave him a contact number to update that information.
Mr. Héran also indicated that some data the OCI had requested from CSC HQ in Ottawa was still not in their hands, that CSC had imposed four extensions, and the OCI had issued a warning to them just that day.
Finally, Brennan was told he’d be receiving a letter by mail confirming their findings.
This is Mr. Héran’s February 12 letter; it speaks for itself, is good news, and Brennan’s Montreal lawyer has received a copy………

The Correctional Investigator
Canada
P.O. Box 3421,
Station “D”
Ottawa, Ontario,
K1P 6L4

Ottawa, February 12, 2015

M. Brennan Wayne Guigue,
908 – 31 Alexander Street,
Toronto, ON M4Y 1B2

Mr. Guigue,
This letter is further to M. Klassen’ letter dated February 3, 2015, as well as our brief conversation surrounding our Office’s finds pertaining to the incident that occurred at the Regional Reception Center (RCC) on July 22, 2104.
The object of this letter is to share the conclusion of the local management and the regional review from Correction Service Canada (CSC) which is consistent with our review of the fact that the level of force used was inappropriate and inconsistent with the Situation Management Model.
Furthermore, according to our review, you were in the shower and refused to accept the underwear provided to you. According to our records, you did not cooperate with orders but you also did not show aggressiveness. Our Office has concluded that there was no emergency to intervene. Therefore, the use of OC was not appropriate to the situation.
As per the Situation Management Model that CSC applies to all use of force incidents, CSC should have re-evaluated the situation and responded appropriately to your uncooperative state. Of note, CSC has identified and completed the corrective actions to address the concerns our Office had in regard to this incident.
I trust that the above information is of some assistance to you. Please note that we have now this file closed at our Office.
Sincerely,

Frédéric Héran
Manager of Investigations

Following the use-of-force incident at the Regional Reception Centre north of Montreal on July 22, and as soon as it was possible after his transfer to Donnacona on July 23, Brennan contacted the Office of the Correctional Investigator in Ottawa.
Subsequent to this telephone call, he received a letter dated July 28 from Jean-Frédéric Boulais, Manager of Investigations at the OCI. In it, Brennan was told that an OCI analyst would review the documentation and video footage of the July 22nd incident “as soon as the file is received by our Office.” In the meantime, he was strongly advised to present a grievance to CSC’s National Headquarters, which he did.
Mr Boulais then met with Brennan at Donnacona on August 19 to assure him that the OCI would take an active role in moving the investigation forward. He explained that even if 50% of what Brennan described as having occurred on July 22 was true, it represented a serious breach. I followed up with a letter to Mr. Boulais on September 4, thanking him for the OCI participation, and expressing Brennan’s resolve that this would not be shunted aside. I also asked that this should be seen from a wider perspective, noting that Brennan’s experience could not be a one-of and that other inmates must have endured similar treatment.
I received a September 10 acknowledgement of my letter from an intake officer at the OCI, a more or less stock response, and I wrote back to Manuelle Larocque on September 22, underscoring our intention to pursue this investigation vigorously, and stressing the importance for consistency within the OCI by having just one investigator on this case.
Brennan has heard nothing further. What follows here is my February 3rd request to the OCI asking for the results of their review of the information received from CSC. How the Office of the Correctional Investigator phrases its answer will be interesting.
February 3, 2015

Manuelle Larocque, Intake Officer,
The Correctional Investigator Canada,
P.O. Box 3421, Station “D”,
Ottawa, ON K1P 6L4

Re: Brennan Wayne Guigue

Dear Mr. Larocque:
Please refer to my September 22, 2014 letter in response to yours of September 10 concerning the OCI’s examination of Brennan Guigue’s July 22, 2014 experience at the Regional Reception Centre in Ste. Anne des Plaines.
Jean-Frédéric Boulais’ letter of July 28 to Brennan Guigue indicated your analyst would review the documentation and video footage of this July 22 incident once the file was received at the OCI office. Brennan is asking for the results of this review.
You may contact him through me at the above address, or as an alternative, you may provide the information to his Montreal counsel, Stephen Fineberg, at 625 Rene-Levesque Blvd, Suite 900, Montreal, QC H3B 1R2.
In anticipation of your response, I am
Yours truly,

Charles H. Klassen
cc Stephen Fineberg, Montreal