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CCQ-1991 - Civil Code of Québec
Section 30
Disposition versions
30. Confinement in an institution following a psychiatric assessment may only be authorized by the court if both psychiatric reports conclude that confinement is necessary.
Even if that is the case, the court may not authorize confinement unless the court itself has serious reasons to believe that the person is dangerous and that the person’s confinement is necessary, whatever evidence may be otherwise presented to the court and even in the absence of any contrary medical opinion.
30. A court may not authorize confinement in an institution following a psychiatric assessment unless both psychiatric examination reports conclude that confinement is necessary.
A judgment authorizing confinement must also set the duration of confinement.
However, the person under confinement must be released as soon as confinement is no longer justified, even if the set period of confinement has not elapsed.
30. Where the report finds that it is necessary to confine the person in an establishment, he may not be confined without consent, except by authorization of the court.
The judgment ordering that a person be confined also fixes the duration of the confinement. In all cases, the person shall be discharged as soon as the confinement is no longer justified, even if the fixed period has not expired.
