Two doctors and the province of Ontario, who are defendants in the suit, argued that the programs at the heart of the lawsuit fell outside the statute of limitations and could not be the subject of a court proceeding.
"It is an inexcusable breach of fiduciary duty for a physician to torture a patient."
Patients were forcibly given drugs, chained together, stripped nakedDefence Disruptive Therapy (DDT) involved forcibly giving patients hallucinogenic and delirium-producing drugs in order to break down the patients' defence mechanisms and force them to confront their abnormal behaviour, Perell wrote. The Motivation, Attitude, Participation Program (MAPP) involved forcing patients to complete 14 days of perfect behaviour, including adhering to rules about "unauthorized talking or movement," he wrote. One component of that program involved forcing patients to sit on a bare floor with hands cuffed and only allowing them to move four times within four hours in a confined space of three square feet. Failure to comply could result in forced sedation or being placed in solitary confinement, Perell noted. The third initiative, called the Capsule Program, involved chaining up to seven people together in a room, stripping them naked, and keeping them in that state for days at a time, Perell said.
Constant surveillance, fed only liquidsThe room was continuously lit and featured holes in the walls through which occupants were fed only liquid foods through straws. Patients were kept under constant surveillance and often given hallucinogenic drugs against their will, Perell said. "The three programs designed by Dr. Barker and implemented by the doctors and other employees of Oak Ridge — even if designed and implemented in good faith and even if the programs could be proven to be in some way therapeutic — were torture and a degradation of human dignity," Perell wrote in his decision. "It is an inexcusable breach of fiduciary duty for a physician to torture a patient." Plaintiffs alleged a breach of fiduciary duty when they first launched the suit in 2000, and Perell said that particular claim was not beyond the statute of limitations at that time.
As a result, Perell dismissed the defence's position that the plaintiff's claims fell outside of the statute of limitations. He did, however, order a trial or other motions to "prove victimization, harm, causation of harm and to quantify the individual plaintiffs' damages, if any" for the 31 plaintiffs in the lawsuit. No date has yet been set for this next step, and it is not known whether the defendants plan to appeal Perell's ruling. Perell conceded that the doctors were likely running programs based on accepted medical practices of the day, but said that argument still could not excuse what was done to Oak Ridge patients. "I appreciate that apart from professional renown and advancement, there was no self-serving gratification for the defendant physicians at the expense of the plaintiffs," he wrote. "But, in my opinion, that does not negate the circumstance that it is a breach of a physician's ethical duty to physically and mentally torture his patients even if the physician’s decisions are based on what the medical profession at the time counts for treatment for the mentally ill."
"The three programs ... were torture and a degradation of human dignity."