Canada: TB Patient Appeals Shackle Ruling

An infectious TB patient who was shackled and handcuffed in a Toronto hospital is appealing a judge's ruling that called the measures justified. Wayne Deakin, 46, a patient at West Park Health Center, is asking that the hospital be prevented from treating him with "physical and chemical restraint" other than in emergency situations. His appeal also asks that a judge's ruling last month ordering him to be kept in the hospital for at least another four months be quashed. Justice Bruno Cavion of the Ontario Court of Justice concluded that while Deakin's Charter rights "have indeed been violated," the breaches were justified. Deakin's lawyer, Barry Swadron, said the judge's conclusions were faulty. Swadron has argued his client has been subjected to "excessive treatment and punishment" by West Park staff. The security measures were put in place after Deakin escaped the hospital on two occasions to visit a beer store and a mall.

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