Extreme Behavior

Le Spécialiste DOSSIER: Extreme Behavior

Querulousness and Vexatious Behaviors
Extreme Behavior
Extreme Behavior – “Querulousness” by Dr. Jacques Gagnon
Extreme Behavior – “Judicial Control of Querulous Litigants” by Mr. Justice [sic] Yves-Marie Morissette
Extreme Behavior – “A Portrait of Querulous Behavior” by Le Spécialiste “with the kind collaboration of Mr. Justice Y.-M. Morissette”
Elsevier – “Evaluation de la dangerosité du malade mental psychotique” / “Dangerousness evaluation of psychotic patient” by F. Millaud and J.-L. Dubreucq, Psychiatrists.  (Available online in 2005) [This is a French article with a bilingual abstract. Judicial Madness has provided an exclusive English translation of the article.]


Extreme Behavior - Introduction

Extreme Behavior – Introduction

Source:  Le Spécialiste, The FMSQ Magazine Vol. 10 no. 1 – March 2008, EXTREME BEHAVIOR, Querulousness and Vexatious Behaviors, Dangerous Behavior (Cover). Download the English edition of the magazine here: Vol 10 no 1 Le Spécialiste, The FMSQ Magazine Vol. 10 no. 1 – March 2008. Special issue featuring a “Dossier” on EXTREME BEHAVIOR
Download the French edition of the same magazine here:

Vol 10 no 1 Le Spécialiste, Le magazine de la FMSQ , Vol. 10 no. 1 – mars 2008. Édition spéciale mettant en vedette des «Comportements Extrêmes», incluant l’alléguée «quérulence et ses impacts», et «la dangerosité»


Last November, the 2007 Pierre-Forcier Symposium, presented by the Société des médecins experts du Québec (which has since become the Société d’évaluation et d’expertise medico-légale du Québec), dealt with the issue of querulous or vexatious behavior, a very topical subject in our society, but one that is little known. Querulousness can have a number of implications for medical specialists and should, therefore, be more clearly understood.

It is important for health professionals to recognize individuals or situations which might degenerate into legal proceedings or similar scenarios. The Quebec health system allows patients to seek a second opinion or counter-expertise. However, looking for a “fifth second opinion” or the umpteenth counter-expertise may be an indication of querulousness.

There is no need to declare someone a vexatious litigant for him to demonstrate vexatious tendencies. Democratic access to the internet allows all kinds of information to be obtained, particularly on sites that give medical information in lay language and other popular sites where patients can grade and give an opinion on the service received from their physician. While patients may be increasingly informed, are they actually better-informed? [sic] They come in with documents and do not hesitate to contradict or doubt the opinion of the specialist they are consulting. Because of the lack of real-time access to patient records, there is no way of knowing whether the person is going from one clinic or hospital after another in order to find a specialist who will give him the opinion he is seeking.

Some demands made of physicians are indicative, such as an interview with a witness present or one that is recorded. We know that information and communication technologies now permit discussions or meetings to be secretly recorded. A vexatious individual might want to use remarks gathered in this way as evidence before a Court.

In this special dossier on extreme behavior, “Le Spécialiste” has asked a psychiatrist to explain the complex condition of querulousness or vexatious behavior. A judge then explains the legal aspects of vexatious litigation. Some patients are not querulent, yet still present a certain degree of danger to themselves and others. The dossier also contains an article on such dangers: how to recognize dangerous patients, their assessment, measurement scales, threats and an overview of the treatments available.

Please let us have your comments. communications@fmsq.org. We are always interested in what you have to say.

Admin Notes, Judicial Madness
Bold and underlines have been added by me, your lone editor.

The review, Le Spécialiste, did not publish or re-publish the “article on such dangers” in this issue. It claimed that the article was not available on the Internet, and was in French only. That was back in 2008 when this “Dossier” (above) was published.

However, I found a copy online, which states that it has been online since 2005. The French title is: “Evaluation de la dangerosité du malade mental psychotique“. It also has an English title” “Dangerousness evaluation of psychotic patient”, and an Abstract in English, but the rest of the article is in French. It is now available at Judicial Madness in French, side by side with my English translation.

Random Quote

The social tyranny of extorting recantation, of ostracism and virtual outlawry as the new means of coercing the man out of line, is the negation of democracy.

— Justice Ivan Cleveland Rand of the Supreme Court of Canada, Canadian Bar Review (CBR)
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"Sed quis custodiet ipsos custodes?" — Juvénal, Satires, VI, 346.  En français : « Qui nous protègera contre ceux qui nous protègent ? »  In English: " Who will protect us from those who protect us? "

 — Mauro Cappelletti dans Louis Favoreu (dir.), Le pouvoir des juges, Paris, Economica, 1990, p. 115.
Le Spécialiste DOSSIER: Extreme Behavior
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On the “Rule of Law”
“In public regulation of this sort there is no such thing as absolute and untrammelled ‘discretion’, that is that action can be taken on any ground or for any reason that can be suggested to the mind of the administrator; no legislative Act can, without express language, be taken to contemplate an unlimited arbitrary power exercisable for any purpose, however capricious or irrelevant, regardless of the nature or purpose of the statute. Fraud and cor­ruption in the Commission may not be mentioned in such statutes but they are always implied as exceptions. ‘Discretion’ necessarily implies good faith in discharging public duty; there is always a perspective within which a statute is intended to operate; and any clear departure from its lines or objects is just as objectionable as fraud or corruption.”

— Mr. Justice Ivan Cleveland Rand writing in the most memorable passage in Roncarelli v. Duplessis, [1959] S.C.R. 121 at the Supreme Court of Canada, page 140.
Random Quote
Fears are mounting that the psychiatrist Anatoly Koryagin is near to death in the notorious jail of Christopol in central Russia. Letters that have reached the West from his wife and a friend indicate that he is so weak that unless he is given expert medical care he could die at any time. Dr. Koryagin has been in prison for the last four years for actively opposing the political abuse of psychiatry. The abuse takes the form of labeling dissidents as mad and forcibly treating them with drugs in mental hospitals.   ― Peter B. Reddaway, "The Case of Dr. Koryagin", October 10, 1985 issue of The New York Times Review of Books
"If we were lawyers, this would be billable time."
A Word on Caricature
“Humor is essential to a successful tactician, for the most potent weapons known to mankind are satire and ridicule.”

— “The Education of an Organizer”, p. 75, Rules for Radicals, A Practical Primer for Realistic Radicals by Saul Alinsky, Random House, New York, 1971.

I am no fan of Saul Alinsky's whose methods are antidemocratic and unparliamentary. But since we are fighting a silent war against the subversive Left, I say, if it works for them, it will work for us. Bring on the ridicule!  And in this case, it is richly deserved by the congeries of judicial forces wearing the Tweedle suits, and by those who are accurately conducting our befuddled usurpers towards the Red Dawn.

— Admin, Judicial Madness, 22 March 2016.
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