PREVENTIVE CONFINEMENT AND TEMPORARY CONFINEMENT
Only an institution operating a local community service centre equipped with the necessary facilities or a hospital centre may be required to place a person under preventive confinement or temporary confinement for psychiatric examination.
A physician practising in such an institution may, notwithstanding the absence of consent, place a person under preventive confinement for not more than 72 hours in a facility maintained by the institution, without the authorization of the court and prior to psychiatric examination, if he is of the opinion that the mental state of the person presents a grave and immediate danger to himself or to others. The physician who places the person under confinement must immediately inform the director of professional services or, where there is no such director, the executive director of the institution.
On the expiry of the 72 hour period, the person must be released, unless a court has ordered an extension of the confinement for psychiatric assessment.
However, if the seventy-two hour period ends on a Saturday or on a holiday, if no judge having jurisdiction in the matter is able to act and if termination of confinement presents a danger, the confinement may be extended until the expiry of the next working day.
The patient have been placed under confinement pursuant to a court decision based on two psychiatric examination reports. The patient have legal rights:
(1) The patient have the right to be transferred to another institution, if the attending physician is of the opinion that such a transfer presents no serious and immediate risks for the patient or for others, and if the organization and resources of that institution allow it to receive him/her.
(2) The patient have the right to require that they'll be released from confinement without delay if a psychiatric examination report, confirming the necessity of continuing their confinement, has not been produced within 21 days after the court decision and at least once every three months thereafter.
(3) They are required to submit to the psychiatric examinations referred to in paragraph 2. However, they may categorically refuse any other examination, care or treatment. If they do, their decision must be respected by the institution and by their physician, except if the examination or treatment was ordered by a judge, or in the case of emergency care or personal hygiene.
(4) Even though they are under confinement, they may communicate confidentially, orally or in writing, with any person of their choice. However, the attending physician may decide, in their own interest, to prohibit the patient from communicating with certain persons or to impose restrictions on their communications. In such a case, the prohibition or restriction can only be temporary, and the physician’s decision must be given to him/her in writing and set out the reasons on which it is based. Your physician may not, however, prevent you from communicating with your representative, the person qualified to give consent to the patient's care, an advocate, the Public Curator or the Administrative Tribunal of Québec.
(5) If the patient disagree with a decision made to continue their confinement, or with any other decision made in their respect, they may refer their case to the Administrative Tribunal of Québec.
(6) The patient must be released from confinement
(a) as soon as a certificate concluding that confinement is no longer justified has been issued by the physician;
(b) if a psychiatric examination report is not produced within the time limits set out in paragraph 2, upon the expiry of those time limits;
(c) on the expiry of the period of confinement fixed in the judgment;
(d) upon a decision to that effect by the Administrative Tribunal of Québec; or
(e) upon an order to that effect from a court of justice. The institution where they are being kept under confinement must inform the patient immediately of their release from confinement.
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Reference:
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