Affidavit

I, Dennis Joseph Riopel, of the City of Calgary, in the Province of Alberta, MAKE OATH AND SAY THAT:

1. I am a Canadian citizen, presently detained at the Peter Lougheed Hospital, Unit # 52, Rm. 18, Calgary, AB. and as such have knowledge of the matters herein deposed to, except where stated to be based upon information and belief, and where so stated I do verily believe same to be true.
2. I have had the opportunity to review the Application for Trusteeship, filed July 20, 2012 by Cameron Scott of the Office of the Public Trustee, which he states is based on the capacity assessment report completed by Dr. Wakefield.
3. Included in the documents for service is a Form 4, Capacity Assessment Report signed by Dr. J. Scott Wakefield which is an alleged assessment relating to the decision making capacity of me as related to my personal and financial matters.
4. Catherine Christopher QC of the Office of the Public Trustee refers to Section 43 of the Adult Guardianship and Trusteeship Regulation, Alberta Regulation 219 / 2009 as authority for this protocol.
5. I allege that Dr. Wakefield breached CMA CODE OF ETHICS and STANDARDS OF PRACTICE when he signed the Form 4. He exhibited insufficient professional knowledge.
6. Dr. Wakefield signed an official form, Form 4 dated May 31, 2012, which appeared to render a professional opinion that he knew would be used as evidence in a judicial proceeding. A proceeding which would have implications for Mr. my legal rights. In breach of the College’s professional standards Dr. Wakefield did so without direct and substantial professional contact with or a formal assessment of that person.
7. Dr. Wakefield failed to carry out a capacity assessment before he signed the Form 4.
8. There is no indication in Dr. Wakefield’s five page Form 4, that any limits on information were identified.
9. Dr. Wakefield fails to provide any documented evidence in his five page Report.
10. Dr. Wakefield’s Form 4 Report contained factual inaccuracies
11. Dr. Wakefield’s Form 4 contains fabrication.
12. In Item 10, Dr. Wakefield states that: “Pt. has Korsikoff’s dementia; he (Mr. Riopel) does not have adequate insight with respect to these realms”. I deny that I exhibit symptoms of Korsakoff’s dementia. Dr. Wakefield’s assessment of me as indicated in Item 10, (below) confirms this.
13. Item 10, Page 4 of 5, Dr. Wakefield indicates that I: a. am capable of participating in social activities b. may participate in any educational or vocational or other training c. have capacity for employment
14. Dr. Wakefield failed to provide and include evidence of past relevant intervention, progress, any test results, any basic test data from which results were derived. Item 12 is untruthful and contradicts Item 10, (iv) (v) & (vi). His form 4 indicates that no detailed information concerning a capacity assessment is included.

Critical Review of Dr. Wakefield’s Evaluation

Dr. Wakefield’s evaluation which was a filed court Application fails to provide sworn, documented evidence to the court.

The Dr. Wakefield assessment provides no evidence that I mismanaged my finances.

The Office of the Public Trustee has applied to assume trusteeship over a limited estate? The Office of the Public Trustee is maintained by taxpayer dollars.

Dr. Wakefield’s Form 4 fails to provide any reasonable cause under the law, why I should be placed under the authority of a guardianship or trusteeship order.

In Item 2, Dr. Wakefield states that the reasons for the request for the capacity assessment are: 1) “Requires supported living & guardian / trustee”

On June 15, 2012, Psychiatrist, Dr. Nadeem Hussein Bhanji, threatened me, stating that he will “have him placed behind locked doors and denied all visitors.”

I am allowed to leave the Peter Lougheed Hospital, Unit # 52 at will? I am permitted to do so on a daily basis returning only for meals and sleep.

I deny that I am a danger to myself or to others.

If I were a danger to myself or others, surely ethical, responsible professional physicians and professional nursing staff would not permit this me to wander around the streets of Calgary, at all hours, unsupervised.

Prior to the July 20, 2012, court Application, I, Dennis Joseph Riopel prepared the following CONDITION STATEMENT and presented it to physicians and social worker.

Condition Statement

This is to inform I will accept nothing less than the following conditions. * A complete discharge. * Restore my competence with no mind tests. * Contact all Government agencies to restore my pensions, subsidy’s as well as the TD Bank. * Contact the housing authorities to have Dr. Samis statement reversed for accommodations. * Have all my funds, pensions property damage deposit returned that were Appropriated (MY Daughter) * Restitution’s for loss of time institutionalized for inconveniences for life I was accustomed to. * Any cost to have to have my property returned, to an apartment located for me. * Any loss or damage to my property. * Cost of any hook ups for services to the apartment. * All loss of funds, property, pensions subsidies on discharge. * Restocking my apartment with all perishables. * Copies of all transactions conducted to my doctor, Dr. Gordon Melling.

Dennis Joseph Riopel

Dated July 4 2012

It is clear and obvious that I am not a danger to myself or a danger to others. This current series of involuntary hospital treatment has long outlived its usefulness and has become a hassle to my well-being and mental health. I do not qualify under the law for guardianship or trusteeship.

The current proceedings for guardianship and trusteeship are dishonest, unjust, frightening and anti-therapeutic for me.

I have been detained in an active treatment bed for the last nine months at taxpayer dollars.

I have been bulled and threatened. There has been failure to treat me, a Canadian citizen with dignity and respect. My charter rights have been violated.

Drs Wakefield and Samis wish to strip me of my rights? They wish to have me placed in a senior’s home when allegedly there is a shortage of such spaces? They have strongly inferred that I will be detained behind locked doors?

I submit that Dr. Samis and Dr. Wakefield’s lengthy detention and treatment of me in an active treatment hospital indicates a bias, if not an open hostility towards me that renders these doctor’s opinions highly suspect.

Dr. Wakefield’s Form 4 is dishonest and it strongly appears that the intent thereof is to mislead the court.

I make this affidavit in opposition to the Application by the Office of the Public Trustee for trusteeship and in support of an Order directing the court to dismiss the Application of the Office of the Public Trustee and reinstate my rights and be allowed to walk free from this court.

Letter of Complaint

HAND DELIVERED

August 28, 2012

Honourable Mr. Neil C. Wittmann
Chief Justice of the Court of Queen’s Bench of Alberta
Calgary, AB.

To the Honourable Chief Justice:

Court of Queen’s Bench, (Surrogate matter) Room 1002,
August 27, 2012 @ 2:0o PM
Madam Justice Adele Kent, presiding

Reference Dennis Joseph Riopel, DA01-012-729

1. The court disregarded the fact that the Office of the Public Trustee (OPT) had filed an untruthful affidavit. The Application was flawed and untrustworthy.
2. Accepted a document prepared by Joanna New of the Office of the Public Guardian which had not been disclosed to Mr. Riopel.
3. Disregarded the elder abuse of Daughter who is abusing his finances and had emptied his apartment, discarding his furniture, leaving him homeless.
4. Overlooked and even sanctioned the fact that Mr. Riopel, who had filed his own affidavit, attended at the court by LRT, presented himself admirably before the court, impeccably attired – takes up an active treatment bed at the Peter Lougheed Hospital.
5. Granted the Application to OPT.

Thank you.

Elder Advocates Of Alberta Society

cc. The Honourable Ms. Alison Redford, Premier

Response

Tags: Court of Queen's Bench of Alberta, Dennis Riopel, Scott Wakefield