Mental Health Rights in Quebec
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
All 13 provinces and territories have their own mental health legislation. Involuntary commitment (also called certification) requires that:
- A mental disorder is present
- There is a risk of serious harm to the person or others
- The person cannot be assessed or treated voluntarily
Hold durations vary by province. In Ontario, an initial 72-hour assessment can lead to formal certification. In BC, the initial hold is 48 hours.
There is a critical difference between provinces on treatment consent: in Ontario, a capable patient can refuse treatment even while involuntarily detained. In BC, the facility director can override a patient's refusal.
Patients who are involuntarily committed have the right to a lawyer, a review board hearing, and periodic reviews of their status. Some provinces also allow Community Treatment Orders for supervised treatment outside the hospital.
When does it apply?
- Anyone subject to involuntary psychiatric assessment or admission in Canada.
- Anyone receiving mental health treatment, whether voluntary or involuntary.
What to Do If You Are Involuntarily Committed to a Psychiatric Facility in Canada
- Know your rights — you must be informed of them upon involuntary admission.
- Contact a lawyer or legal aid immediately if you are involuntarily committed.
- Apply for a review board hearing — in Ontario, the Consent and Capacity Board must hear your case within 7 days.
- Designate a power of attorney for personal care in advance so your treatment wishes are respected if you become incapable.
- Family members can request a physician assessment if someone they care about is at risk of harming themselves or others.
What should you NOT do?
- Don't assume you lose all your rights when involuntarily committed — you retain your civil rights, the right to vote, and the right to a lawyer.
- Don't miss the review board deadline — filing quickly is important to challenge your detention.
- Don't assume all provinces handle consent the same way — the rules on refusing treatment vary significantly between provinces.
- Don't confuse police apprehension with a criminal charge — being brought to hospital by police for a mental health assessment is a health matter, not a criminal one.
How Quebec differs from federal law
Mental health rights in Quebec are protected by the Civil Code of Quebec, the Act respecting the protection of persons whose mental state presents a danger to themselves or to others (CQLR c P-38.001), and the Quebec Charter of Human Rights and Freedoms.
- A person can only be held in a psychiatric facility against their will (confinement or garde en etablissement) if they present a serious and immediate danger to themselves or others due to their mental state. This requires a court authorization from the Court of Quebec (or an emergency confinement by a physician for up to 72 hours, subject to court review).
- Under article 26 of the CCQ, a person confined to an institution must be informed promptly of the reasons for their confinement and of their right to contact family and a lawyer. The institution must also inform the Tribunal administratif du Quebec (TAQ) of the confinement.
- Involuntary psychiatric assessment and confinement must be reviewed by the court. The person has the right to be heard by a judge and to be represented by a lawyer. Legal Aid Quebec provides legal representation for people facing involuntary confinement.
- Quebec's public health system provides mental health services through CLSCs (local community service centres), hospitals, and specialized mental health centres. These services are covered by RAMQ.
- Psychotherapy by psychologists is not covered by RAMQ (except in some publicly funded settings like CLSCs and hospitals). However, the Quebec government has introduced programs to improve access to publicly funded psychotherapy.
- The Act respecting end-of-life care (CQLR c S-32.0001) now includes provisions for medical assistance in dying (MAID) for persons suffering solely from a mental disorder, subject to specific safeguards.
Additional Steps in Quebec
For mental health support, contact your CLSC or call Info-Social 811 (option 2) for psychosocial counselling 24/7. In a mental health crisis, call 911 or go to your nearest emergency department. If you or someone you know is facing involuntary confinement, contact Legal Aid Quebec at 1-800-842-2213 for free legal representation. For suicide prevention, call 1-866-APPELLE (277-3553).
Relevant Law: Civil Code of Quebec, arts. 26-31 (confinement in an institution); Act respecting the protection of persons whose mental state presents a danger to themselves or to others (CQLR c P-38.001); Act respecting health services and social services (CQLR c S-4.2)
Common Questions
When does mental health rights apply?
Anyone subject to involuntary psychiatric assessment or admission in Canada.Anyone receiving mental health treatment, whether voluntary or involuntary.
What should I do if I or a family member in Canada is being held in a psychiatric facility against their will?
Know your rights — you must be informed of them upon involuntary admission.Contact a lawyer or legal aid immediately if you are involuntarily committed.Apply for a review board hearing — in Ontario, the Consent and Capacity Board must hear your case within 7 days.Designate a power of attorney for personal care in advance so your treatment wishes are respected if you become incapable.Family members can request a physician assessment if someone they care about is at risk of harming themselves or others.
What mistakes should I avoid with mental health rights?
Don't assume you lose all your rights when involuntarily committed — you retain your civil rights, the right to vote, and the right to a lawyer.Don't miss the review board deadline — filing quickly is important to challenge your detention.Don't assume all provinces handle consent the same way — the rules on refusing treatment vary significantly between provinces.Don't confuse police apprehension with a criminal charge — being brought to hospital by police for a mental health assessment is a health matter, not a criminal one.
Legal Resources
We may earn a commission if you use these services — at no extra cost to you. This supports our mission to make legal information free for everyone.