P-38.001 - Act respecting the protection of persons whose mental state presents a danger to themselves or to others

Full text
(Act respecting the protection of persons whose mental state presents a danger to themselves or to others, s. 16)
(name of person under confinement)
You have been placed under confinement pursuant to a court decision based on two psychiatric examination reports. You have legal rights:
(1) You have the right to be transferred to another institution, if your attending physician is of the opinion that such a transfer presents no serious and immediate risks for you or for others, and if the organization and resources of that institution allow it to receive you.
(2) You have the right to require that you be released from confinement without delay if a psychiatric examination report, confirming the necessity of continuing your confinement, has not been produced within 21 days after the court decision and at least once every three months thereafter.
In your case, the court decision was made on .............. and psychiatric examination reports were produced on the following dates:
(date of each psychiatric examination report produced)
(3) You are required to submit to the psychiatric examinations referred to in paragraph 2. However, you may categorically refuse any other examination, care or treatment. If you do, your decision must be respected by the institution and by your 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 you are under confinement, you may communicate confidentially, orally or in writing, with any person of your choice. However, your attending physician may decide, in your own interest, to prohibit you from communicating with certain persons or to impose restrictions on your communications. In such a case, the prohibition or restriction can only be temporary, and the physician’s decision must be given to you 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 your care, an advocate, the Public Curator or the Administrative Tribunal of Québec.
(5) If you disagree with a decision made to continue your confinement, or with any other decision made in your respect, you may refer your case to the Administrative Tribunal of Québec.
.............. ..............
(telephone number) (fax number)
This is how you proceed:
(a) you yourself may write to the Tribunal or ask a family member or your tutor, curator or mandatary to write on your behalf;
(b) you must explain in your letter, to the best of your ability, why you disagree with the continuance of confinement or the decision made in your respect;
(c) your letter will constitute your application to the Tribunal, and must be sent to the above address within 60 days of the decision with which you disagree, but if you miss this deadline, the Tribunal may still decide to hear you if you give reasons to explain your delay;
(d) the Tribunal may order your release from confinement or overturn the decision made concerning you, but must meet with you before reaching its decision;
(e) you have the right to be represented by a lawyer at the meeting with the Tribunal, and to produce witnesses.
(6) You must be released from confinement
(a) as soon as a certificate concluding that confinement is no longer justified has been issued by your 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 you are being kept under confinement must inform you immediately of your release from confinement.
1997, c. 75, Schedule.