Procedure not followed when Montreal rape victim redirected to another hospital because she spoke French: OQLF
Posted April 24, 2024 10:34 am.
Last Updated April 24, 2024 10:35 am.
The English-speaking hospital that refused to carry out a forensic kit on a rape victim because she was French speaking did not respect the proper procedures, the Office québécois de la langue française (OQLF) has ruled.
The OQLF determined the service must be offered to the victims, and that redirecting her to another establishment requires her consent.
BACKGROUND: French-speaking victim allegedly denied rape kit at Montreal General Hospital
OQLF president and CEO Dominique Malack reported the findings of the organization’s investigation on Tuesday.
The story first appeared in the media in July 2023. A rape victim was refused a forensic kit by the Montreal General Hospital because her mother tongue was French. The police had to take the victim to another hospital, which did not have a forensic kit. It was at the third hospital that the victim was finally able to receive the service.
The OQLF then launched an investigation.
“The application by the General Hospital of the protocol, without taking into account its obligation to provide services in French, obviously went against the requirements provided for in the Charter of the French language,” concluded Malack.
“The hospital, therefore, would not have respected the procedures which provide that the service must be explicitly offered to the victim and that their reorientation must be subject to prior consent.”
The OQLF head specified that the ability of the staff of the hospital to offer service in French was “not necessarily in question.”
The OQLF also conducted inspections at different times of the day and week to check the availability of service in French, without warning the hospital in advance, said Malack.
WATCH: Victim allegedly denied rape kit at Montreal hospital due to language
It also met with the Ministry of Health, the McGill University Health Centre (MUHC) and a centre for victims of sexual assault.
“What resulted from this was the modification of the protocol regarding sexual assault and a reminder to all staff of their obligations,” concluded Malack.
Further inspections carried out in spring 2024 confirmed that “the service was available at all times and that the correct protocol was applied.”
In addition, a “ministerial orientation” was given last November by the Ministry of Health and Social Services “which specified that the services of designated centres must be offered to victims without distinction of their language,” Malack said.
–This report by La Presse Canadienne was translated by CityNews
