A preventable death in custody

Philippe Pinette, a 40-year-old Innu man from Uashat, died in hospital on Sept. 19, 2022, while under the care of the Quebec City detention centre [1]. The Quebec ombudsman identified several failures in the care provided to Pinette and described it as a 'grave violation of human dignity' [2]. An autopsy showed Pinette died of severe dehydration eight days after his admission to Quebec City's Hôtel-Dieu de Québec hospital [3].

The doctor's role

Dr. Alain Bissonnette is charged with failing to provide the necessaries of life to Pinette between Sept. 2 and Sept. 11, 2022 [4]. The Crown is prosecuting Dr. Bissonnette under Section 215 of the Criminal Code, which addresses failure to provide the necessaries of life to a vulnerable person [5]. According to information obtained by Radio-Canada, Bissonnette allegedly failed to act on reports from jail staff recommending that Pinette be transferred to a hospital [6].

Pinette was serving a sentence of two years less a day for violent acts committed against staff members in the psychiatric department of the Baie-Comeau hospital [7]. Bissonnette had requested Pinette's transfer from the Sept-Îles jail to the one in Quebec City, which is better equipped to manage high-needs cases [8].

Staff reports detail a worsening condition

On Sept. 2, 2022, SQ officer Karina Pelletier noted that Pinette was lying on the concrete floor of his padded cell, arms twitching, and later rolling on the floor naked [9]. Pelletier wrote that Pinette knocked a glass of milk to the ground and licked it off the floor like an animal [10].

Nurse Annie Tremblay told investigators she raised the need to transfer Pinette to the hospital every day with her supervisor, who replied that Dr. Bissonnette had refused the requests [11]. Nurse Annie Flamand noted she heard a rumour that Bissonnette knew Pinette well and was convinced it was a behavioural issue rather than a medical one [12].

Infirmary unit manager Simon Giroux described an exchange with Bissonnette on Sept. 8, where Bissonnette reportedly said he was giving himself until Monday to evaluate Pinette and that Pinette would not die if he did not eat over the weekend [13].

Catatonic and unable to swallow

Testimonies described Pinette as in a 'catatonic' state on Sept. 9 and 10, soiling himself [14]. Nurse Flamand attempted to hydrate Pinette and take his vital signs on Sept. 10 but was unsuccessful; his body was stiff, jaw clenched, and he could not swallow [15]. Pinette's fingers were so cold and circulation so poor that it was impossible to draw blood to check his blood sugar [16].

It was not until Sept. 11, after staff noticed he was barely breathing, that Bissonnette authorized Pinette's transfer to the hospital [17]. Pinette was transported by ambulance to Hôpital de l'Enfant-Jésus and then to Hôtel-Dieu de Québec, where he was placed in a medically induced coma and on permanent dialysis [18]. The final autopsy report dated May 2023 attributed the death to 'severe dehydration and its complications' [19].

Reactions and next steps

The Band Council of Uashat mak Mani-utenam said it is analyzing all available information and will take time to learn more [20]. The Office of Joyce's Principle denounced 'serious failings on the part of public institutions' and called Pinette's death an 'institutional failure' [21].

The Collège des médecins confirms that Bissonnette is allowed to practise medicine without restrictions but refused to confirm or deny a disciplinary investigation [22]. Local health authorities CIUSSS de la Capitale-Nationale and CISSS de la Côte-Nord declined interviews but offered assurances that corrective measures have been implemented [23]. Quebec's Public Security Ministry refused to comment due to the ongoing case [24].

What to watch

The criminal trial of Dr. Bissonnette will test whether a physician can be held criminally liable for failing to provide care to a detained person. The case also raises broader questions about medical oversight in correctional facilities and the treatment of Indigenous detainees.