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Nelson Struk: Arrested and detained without cause

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Letter from EAAS

HAND DELIVERED

May 12, 2010

The Honourable Ms. Alison Redford, QC,
Minister of Justice and Attorney General

The Honourable Ms. M. Jablonski,
Minister of Seniors and Community Supports

The Honourable Mr. Gene Zwozdesky,
Minister of Health and Wellness,

Dr. William Johnston, MD, FRCS (C)
Site Medical Director, U of A Hospital

Dr. Kathleen M. Collinson, Psychiatrist,
Admitting Physician.

Re: Mr. Nelson Struk, 80 yrs. detained University Hospital Emergency Ward.

On Monday evening, May 10, 2010, we received a call for help from Mr. Nelson Struk.

On Tuesday, May 11, 2010 @ 10:30 AM, we were shocked to find Mr. Struk detained in D4, a small, white windowless room, which appeared to be a holding cell. It was dirty and garbage littered the floor. When he requested a pillow, he was given a folded bed sheet. Apparently when he arrived, he was told to strip and told to put on an open backed, open shouldered, IV friendly night gown. At evening he was instructed to take pills /drugs, he refused.

He informed us that early that morning, 5:00AM, he had to go to the Bathroom and had to bang on the locked door until 6:00AM in order to be allowed to go to relieve himself.

This senior is a law abiding Canadian citizen who pays his taxes, was functioning, maintaining his home in impeccable condition, nevertheless, was arrested and stripped of all rights by Edmonton City Police on the behest of a neighbor. Then, professional staff of the University Hospital detained him in a locked, windowless room which had no call bell. Furthermore, he is taking up an active treatment bed, paid for by our tax dollars, that is now not available, for Albertans who need it.

Later that day, Mr. Struk was moved to an emergency room cubicle but continued to be held under close observation by a guard seated next to his emergency room cot.

Shortly, before noon, Dr. Alice Cojocaru, Psychiatrist, asked us to leave because she wished to meet with him. We mentioned to her that he had not been ‘served’, to which she responded, “What is that?”

At 1:35 PM, Mr. Struk inquired of the Charge Nurse as to who was keeping him there. She went to the nursing station and returned and told him it was Dr. Brand/t (phon) and Dr. Chan (phon).

IMG_0186

We find it troubling that professional doctors / psychiatrists attend, visit, make consultations, assessments, make life decisions for individuals, strip persons of their rights but fail to give any identification or business card to the client / patient.

When we left the emergency unit at 4:30 PM, Mr. Struk had not been served, pursuant to the Alberta Mental Health Act, RSA 2000 Section 14, (1) (a) & (b) although he had already been detained well over 24 hours.

We submit that this Canadian citizen should be immediately released and have his rights restored.

Thank you.

Respectfully submitted, we would be grateful to be in receipt of your responses in regard to this matter by the 17th of May, 2010.

Yours truly.

Elder Advocates Of Alberta Society

Dr. Brendan Leier, University Hospital Ethicist.

Mr. Tony Vandermeer, Beverly – Clairview, MLA

Mr. Nelson Struk

Letter from EEAS

HAND DELIVERED

May 14, 2010

The Chief of Police, Mr. Mike Boyd,
Edmonton Police Service,
9620 – 103A Ave, Edmonton, Alberta T5H 0H7

Re: Mr. Nelson Struk, 80 yrs. of age, detained Alberta Hospital Edmonton, Unit 12-1

IMG_0180We find it unconscionable that Mr. Struk has again been apprehended by the Edmonton Police Service.

On Monday May 10, 2010, Mr. Struk complained about the vandalism of neighbors and was told , “You are under arrest”, by one of the same Police Officers, Badge 2366, who arrested him last August 3, 2009. May 12, Wednesday evening, he was strapped to a stretcher and transferred by ambulance to Alberta Hospital where he is being detained behind heavy locked doors. He had been retained at U of A for 33 hours where he was never informed (legally served) why or who was holding him there.

In August of last year, he was held under guard at the University of Alberta Hospital Psychiatric Ward for a month, also on the behest of neighbors. When on the second day, he put on his clothes and wanted to leave, security guards were called, he was made to again put on pyjamas and made to take a needle (takedown).

IMG_0182Three days later, August 7, 2009, Dr. Christine Froehlich, Psychiatrist, faxed an Admission Form to Alberta Hospital Edmonton addressed to Dr. Kevin Lawless and Dr. John Andrew McCahill with the intent to have him detained at Alberta Hospital. However a registered nurse became aware that this man was not mentally ill, intervened on his behalf and he was released.

Yesterday evening we viewed the vandalism caused by neighbors @ 3:45 AM on Monday morning. There are those who have made troubling allegations about this unusual, ongoing situation and the vicious treatment accorded this Canadian citizen.

Respectfully submitted, we would be grateful to be in receipt of a response in regard to this matter by the 27st. May, 2010.

Elder Advocates Of Alberta Society

Letter attached – dated May 12, 2010 – 2 pages

cc. The Honourable Mr. Frank Oberle, Solicitor General & Minister of public Security.

Mr. Nelson Struk

Response

Struk Police 1
Struk Police 2

Letter

HAND DELIVERED

May 19, 2010

Dr. Brendan Leier
Clinical Ethicist,
Professor Dossetor Health Ethics Center
1F1.56 Walter C Mackenzie Center
8440 112 Street, Edmonton, AB T6G 2B7

Dear Dr. Leier:

Re: Mr. Nelson Struk, 80 yrs. detained 12 (1) Alberta Hospital Edmonton.

Further to our meeting of May 11, 2010, at the U.of A. emergency ward, with the above named Nelson Struk.

The following evening, May 12, 2010, after 7:00 PM, Mr. Struk was strapped to a stretcher and transferred by ambulance to Alberta Hospital where he is being detained behind heavy locked doors. He had been detained under guard at the U.of A. for 33 hours where he was never informed or legally served, why or who was holding him there.

We have been informed that early this morning, Mr. Struk had not yet been served, pursuant to the Alberta Mental Health Act, RSA 2000 Section 14, (1) (a) & (b) although he had already been detained in close detention, well over a week. Physicians and

professional staff of the University Hospital and the Alberta Hospital Edmonton have a duty of disclosure to Mr.Struk, which they have disregarded.

Mr. Struk is a law abiding Canadian citizen who pays his taxes, was maintaining his home and property in impeccable condition. Nevertheless, he was arrested and stripped of all rights by Edmonton City Police at the behest of a neighbor.

What has been done to assist Mr. Struk?

Thank you. Respectfully submitted, we would be grateful to be in receipt of your response in regard to this most troubling matter by the 25th May, 2010.

Yours truly.

Elder Advocates of Alberta Society

Letter

HAND DELIVERED

May 15, 2010

Dr. Assad Brahim, MD, Director
Alberta Hospital Edmonton

Dr. Michael Buchinski, Psychiatrist,
Dr. David Richards MD
Alberta Hospital, Edmonton

Ms. Donna Tchida, CEO, Site Director
Alberta Hospital Edmonton

Cognitive Assessments, Nelson Struk, 80 years of age, 12 (1) AB. Hospital Edmonton.

Mr. Struk has already been assessed at the Alberta Hospital Edmonton despite having been assessed a number of times by professional psychiatrists at the University Hospital.

Obviously there are great difficulties with cognitive assessments or professionals would not continue to assess seniors again and again. We have documented a litany of untrustworthy,assessments.

One such example, a professional physician declared a senior to have “no evidence of capacity” and then the senior went on to Norquest College to win an award. In 2006, a gerontology specialist declared a senior to suffer from agnosia, apraxia, alzheimer disease and to be so incompetent that he could not instruct a lawyer. For three years, he was detained in an Alzheimer unit. Last summer, he was moved out of the locked unit into the open area.

It had been a “mistake”. To date, no one has apologized to this Canadian citizen for this grave injustice. Far too many seniors are being unjustly stripped of their rights, money and are being unlawfully detained.

Therefore we submit that any capacity assessment of Nelson Struk be recorded and transcribed. That a Certified Realtime Reporter be present, to transcribe the complete assessment. When completed, the Reporter should as soon as possible, make the certified transcription directly available to Mr. Struk and to his Counsel without delay. If followed, this protocol would protect the integrity of the assessment process.

Furthermore a friend of the senior’s choice should be invited to be in attendance throughout.

Mr. Struk is a citizen, an exemplary man who loves and maintains his impeccable home and yard, pays his taxes and was not costing taxpayers any money.

It is a travesty of injustice that this Canadian senior citizen continues to be held in detention behind locked doors.

An immediate release would be in order.

We shall be awaiting a response and be grateful to be in receipt of your response by the 25th of May 2010.

Respectfully submitted,

Elder Advocates of Alberta Society

cc. The Honourable Minister of Health, Mr. Jean Zwozdesky
Mr. Nelson Struk

Letter

May 26, 2010

Dr. Michael Buchinski, Psychiatrist,
Clinical Director Geriatrics, Alberta Hospital, Edmonton

Mr. Nelson Struk, 80 years of age, 12 (1) AB. Hospital Edmonton.

You are detaining Mr. Struk, a law abiding, tax paying citizen behind locked doors and restricting his visitors.

On Thursday, May 20th, having been detained well over a week, he was able to contact a lawyer who spoke strongly to staff giving them a 2:00 PM dead line in regard to service of documents.

Immediately, Mr. Struk was:

  1. Given necessary medication for his blood sickness.
  2. Served partially, pursuant to the AB. Mental Health Act, Section 14, (1) (a) & (b)
  3. Served copy of correspondence which we had hand delivered four days earlier, Sunday, May 16, 2010.
  4. Promised a copy of the Review Panel Appeal process by Dr. Robert Granger.

This man has been apprehended by police, locked in a windowless, cement room D4, at the University of Alberta Hospital, then within two days, transported by ambulance to a mental hospital.

Mr. Struk’s forefathers fled the Ukraine, immigrating to Canada, to escape just such tyranny.

Respectfully submitted, we would be grateful to be in receipt of your response in regard to this urgent matter by the 3rd June, 2010.

Elder Advocates of Alberta Society

cc. College of Physicians and Surgeons
The Honourable Minister of Health, Mr. Jean Zwozdesky.
Mr. Vandermeeer, MLA
Mr. Peter Goldring, MP
Mr. Nelson Struk

Response

Struk AHS 1

Notes from the Mental Health Act of Alberta


Although the Act appears to have frightening powers to hold you against your will and force you to accept treatments you do not agree to, the Act does have the protection of your rights written into it. First, any apprehension, detention or admission must meet the prescribed steps, or you cannot be held. Second, the Act directly states several of your rights.

You have the right to:

  • Information
  • Confidentiality
  • Communications
  • Visitors
  • Legal representation
  • Refuse treatment
  • Appeal
  • Have an advocate

Source: Mental Health Act of Alberta [PDF – 12]

Letter

HAND DELIVERED

May 27, 2010

Dr. Bill Johnston Dr. Dylan Taylor
Co-Site Medical Director Co-Site Medical Director
University of Alberta Hospital, University of Alberta Hospital
Stollery Children’s Hospital & Stollery Children’s Hospital &
Mazankowski Alberta Heart Institute Mazankowski Alberta Heart Institute

Office of the Site Medical Directors
1F1.23 Walter C. Mackenzie Center
8440 – 112 Street, Edmonton, AB T6G 2B7

Mr. Nelson Struk, 80 years of age – detained University Hospital D4 & Emergency Ward.

We thank you for your immediate response concerning the detention of Nelson Struk at the University Hospital.

Mr. Struk was apprehended on Monday the 10th of May, 2010 and detained under close observation, first in a locked, windowless cement unit, D4 and then the hospital emergency ward On the evening of Wednesday May 12th, 2010, he was taken by ambulance to the Alberta Hospital Edmonton.

During the time of his detention at the University of Alberta Hospital, Mr. Struk was not served pursuant to the Alberta Mental Health Act, RSA 2000 Section 14, (1) (a) & (b) although he had already been detained well over two days.

Legislation exists to protect the rights of citizens and regulate those who would act unfairly. We submit that there was a serious breach of the Alberta Mental Health Act by professional persons who unlawfully detained Mr. Struk and stripped him, a Canadian citizen, of all rights and even dignity.

Respectfully submitted.

Yours truly.

Elder Advocates of Alberta Society

First Apprehension – August 3, 2009

Letter from Mr. Struk

Struk 1

Struk 2 House

Response

Struk 3-1

Struk 3-2

Letter from Mr. Struk

Struk 4-1
Struk 4-2

Response

Struk 7
Struk 8
nelson

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