Forced hospitalization: potential victims could receive compensation in Quebec

Nearly 50,000 Quebecers may have been victims of preventive custody that was illegally extended and may be eligible for compensation through a class action.

Preventive custody is considered the first step in the application of the Act respecting the protection of persons whose mental state presents a danger to themselves or to others, also known as Bill P-38.

“This is the step that allows a hospital to keep a person in its custody against their will, without having to go before a judge to circumvent the person’s consent,” explained Nancy Melanson, spokesperson for the Association of Intervention Groups in Defense of Mental Health Rights of Quebec (AGIDD-SMQ).

Such custody may be imposed, in particular, on a person who is in crisis due to a mental state that may be disturbed, or on a person in a state of drunkenness or advanced drug use.

However, if the hospital wishes to keep a person beyond a period of 72 hours, it is necessary to contact a judge to obtain authorization. 

According to Melanson, however, rights groups have noted that it is “common” for the deadline to be extended without going to court, making the custody illegal.

In Quebec, more than 130,000 preventive custody orders were recorded from 2015 to 2024. Of this total, it is estimated that 50,000 custody orders were extended illegally.

“The class action is aimed at anyone who was in illegal custody for more than 72 hours to obtain compensation,” Melanson said.

The class action provides for $1,000 in compensation per day of illegal custody, in addition to a certain amount of money for regional groups that assist people who wish to participate. 

As of June 1, 450 registrations have been made for the class action that was launched a few months ago.

Those affected have until August 11 to submit a request and can visit the following website.