When a person presents a serious danger to themselves or to others due to their mental health condition, the law provides for exceptional mechanisms allowing their accommodation without consent in a hospital center. These measures aim to protect the safety of the person and those around them, while strictly regulating the infringement of their fundamental rights.

In Quebec, there are three types of detention in an institution: preventive detention, temporary detention, and authorized detention. Each is subject to precise conditions set out in the Civil Code of Quebec (C.C.Q.) and the Act respecting the protection of persons whose mental state presents a danger to themselves or to others (Law P-38.001).

1. Preventive detention

Preventive detention is the emergency measure par excellence. It allows placing a person for a maximum of 72 hours when they represent a serious and immediate danger, whether to themselves or to others.

• No prior authorization is required : neither the person’s consent, nor a court order, nor even a prior psychiatric evaluation are required (ss. 6 and 7 of Law P-38.001 and s. 27 C.C.Q.).
• This detention ends automatically in the following cases :
  • The danger is no longer present;
  • At the expiry of the 72-hour period, if no temporary detention has been ordered; or
  • If the person voluntarily agrees to remain in the hospital center.
  • If the period expires on a Saturday or a holiday, the detention is extended until the next working day.

Preventive detention therefore acts as a temporary emergency measure, pending medical evaluation or a judicial decision.

Furthermore, a peace officer may act without court authorization to bring a person to a specialized institution. This measure is possible at the request of a crisis service worker, a parent, or a legal guardian. However, the officer must have serious grounds to believe that the person’s mental state presents a serious danger. This danger must be immediate and relate either to the person’s own safety or to that of others (s. 8 Law P-38.001).

2. Temporary detention

Temporary detention aims to subject a person to a psychiatric evaluation under court authorization. It generally lasts a maximum of 144 hours, but is reduced to 96 hours if it follows preventive detention (s. 27 para. 1 C.C.Q.).

• The first psychiatric examination must take place within 24 hours of the start of detention (s. 28 C.C.Q.).
• If this first examination concludes that detention is necessary, a second examination must be carried out by another physician :
  • Within 96 hours, or;
  • Within 48 hours if the person was already under preventive detention (s. 28 para. 2 C.C.Q.)

3. Authorized detention

Authorized detention is the most restrictive measure, as it may be maintained for a variable period and renewed if necessary.

• It requires a court order, granted only after two psychiatric examinations have concluded the necessity of detention (ss. 26 and 30 C.C.Q.; s. 9 Law P-38.001).
• Each extension also requires new court authorization.

Conclusion

Detention in an institution represents a major infringement of individual liberty and may only be ordered under strictly defined legal conditions. Whether preventive detention, temporary detention, or authorized detention, all essentially pursue the same objective. Indeed, each of these measures seeks to protect the person concerned and ensure the safety of others. Moreover, they attempt to reconcile public safety requirements with respect for fundamental rights.

If you or a loved one are affected by detention in an institution, it is essential to fully understand your rights and remedies. A lawyer can assist you in verifying the legality of the procedure and, if necessary, contesting the detention before the courts.