P-38 Act in Quebec
Forced Psychiatric Custody — Rights, Deadlines and Remedies — The only law in Quebec that allows a person to be hospitalized without their consent due to their mental state. Whether you are the person targeted or a concerned loved one, knowing your rights can make all the difference.
VERSION FRANÇAISE →A loved one in crisis refuses to seek help. Or you are the one being forcibly hospitalized. In both cases, the P-38 Act governs the only situation where Quebec allows a person to be deprived of their liberty due to their mental state.
This guide explains the three types of custody, the deadlines to know absolutely, the rights of the person held, the available remedies — and the ongoing reform in 2026.
What is the P-38 Act — and Why It Exists
The Act Respecting the Protection of Persons Whose Mental State Presents a Danger to Themselves or to Others (CQLR, c. P-38.001) came into force in Quebec in 1998. It stems notably from articles 26 to 31 of the Civil Code of Quebec, including article 27, which provides that the court may order that a person be kept in a health institution to undergo a psychiatric examination, even without their consent.
This is an exceptional law. It applies only when two conditions are simultaneously met: the person refuses to consult AND their mental state presents a danger to themselves or to others. If either condition is absent, the P-38 does not apply. Consent must always be sought first.
The P-38 Act can only be invoked when no other solution is available. Its application is strictly governed and subject to strict legal deadlines, non-compliance with which results in the immediate release of the person.
The Three Types of Custody — Strict and Non-Negotiable Deadlines
A physician can order preventive custody for a maximum of 72 hours without court authorization, if they assess that a person's mental state presents a serious and immediate danger. A police officer or crisis worker can bring the person to the hospital, but only the clinician (physician or authorized nurse practitioner) orders the custody.
Remedies: no standard contestation mechanism is specifically provided for at this stage. In cases of unlawful detention (deadlines exceeded), legal remedies exist, notably habeas corpus.
Provisional custody is ordered by a judge of the Court of Quebec in order to subject the person to two complete psychiatric assessments. It can be requested by a physician or by a loved one (referred to as an "interested person" in the law). Duration: 144 hours (6 days) from the time of care. If the person was already in preventive custody, the duration is 96 hours from the order.
If both assessments conclude there is dangerousness and the person refuses to remain hospitalized, the institution must file an authorized custody application with the Court of Quebec within 48 hours following the second examination. Typical duration: 30 days, renewable if the person still presents a danger.
How a Loved One Can Request a Forced Psychiatric Assessment
Call 911. Police officers can bring a person to the hospital under article 8 of the P-38 Act if their mental state presents a serious and immediate danger. A physician at the emergency room will assess the situation and order preventive custody or not.
Before calling 911, you can dial 811 (Info-Social) to speak with a psychosocial worker from your CLSC, available 24/7. They can evaluate whether the situation requires police intervention, or direct you to a crisis service. A mobile crisis team can sometimes obtain the person's voluntary consent — thereby avoiding the forced recourse.
If the person presents a danger but the situation is not immediate, you can go directly to the Court of Quebec to request a provisional custody order (form SJ-1223, available at the registry). Your application must demonstrate a real and current danger with concrete and recent facts: the observed behaviours with precise dates and circumstances, the problematic words or actions and any witnesses. A medical report, even from the family physician, can strengthen your file.
Practical tip: if your loved one is placed under provisional custody, be available to provide information to the psychiatrist. Your testimony about recent behaviours is essential for a complete assessment.
Rights of the Person Held in an Institution
Being placed under custody under the P-38 Act does not mean losing all rights. The Quebec Charter and the Canadian Charter continue to apply.
The institution must provide you with the document on your rights and remedies upon being placed under custody and after each psychiatric examination report. Demand it if you have not received it.
Custody does NOT authorize the hospital to impose medications. To impose treatment, the institution must obtain a separate care authorization order under article 16 of the Civil Code of Quebec — a completely separate procedure from custody.
You have the right to communicate at all times with a lawyer, your loved ones, the Public Curator and the TAQ. No one can intercept your correspondence with these bodies.
You can be represented by a lawyer before the court. Legal aid may cover your costs if you are eligible.
If the psychiatric assessments are not completed within the legal deadlines, or if a physician determines that custody is no longer necessary, you must be released immediately. This right is non-negotiable.
How to Contest Your Custody
When the institution requests an extension of your custody, you have the right to speak before the judge and to contest. It is the institution that has the burden of proving that you still present a danger. You can present witnesses and be represented by a lawyer.
Once under authorized custody, a simple letter setting out your grounds for contestation constitutes a valid application. The TAQ must hear your urgent application. Composition: three administrative judges — a lawyer or notary, a psychiatrist, and a psychologist or social worker. You can file a contestation at any time; the TAQ handles these files on a priority basis. Important: filing the application does not suspend your custody. Consult also the TAQ quick reference on custody types and deadlines (PDF).
If you are held beyond the duration authorized by the court, you can file a habeas corpus application before the Superior Court. A judge must hear your application upon receipt. This remedy is reserved for situations where the detention is unlawful — beyond the deadlines or conditions set by the court.
Abusive Custody — The $8.5 Million Settlement
The P-38 Act is not always applied correctly. The Protecteur du citoyen has documented numerous violations: persons held beyond 72 hours without an order, not informed of their rights, or whose assessments were not completed within the prescribed deadlines.
This settlement clearly confirms that detention beyond legal deadlines constitutes a violation of fundamental rights, recognized and sanctioned by Quebec courts. If you believe you were held unlawfully beyond the permitted deadlines, consult a lawyer or contact the Protecteur du citoyen.
The Reform of the P-38 Act — Where Things Stand in 2026
The P-38 Act has been the subject of an in-depth review since 2024. The minister responsible for social services entrusted a mandate to the Institut québécois de réforme du droit et de la justice (IQRDJ), whose final report was published in December 2025.
The notion of serious or immediate dangerousness must remain the central criterion
The institute recommends that the P-38 remain an exceptional law. Replacing this criterion with a "risk of compromise to safety" could facilitate the forced hospitalization of too large a portion of the population.
A possible direction: a unified mental health tribunal
Among the options being discussed is the creation of a specialized tribunal bringing together lawyers, social workers and psychiatrists working as a team — allowing for better application of the law and decisions better adapted to clinical realities.
For more flexibility: the Association des médecins psychiatres du Québec and family groups argue that the current criterion is too restrictive and that vulnerable people fall through the cracks.
Maintaining protections: the AGIDD-SMQ points out that a consultation with 300 people who experienced forced hospitalization concluded that this experience often worsens mental health problems — due to hospitalization conditions, institutional violence and resulting disengagement from services.
Using AI to Understand Your Rights and Prepare Your Approach
Ask an AI assistant to explain in plain language the steps of institutional custody in Quebec and the deadlines applicable to your specific situation.
Describe the behaviours you observed to the AI and ask it to help you structure your application for the Court of Quebec with the required concrete facts.
The AI can help you draft a contestation letter addressed to the TAQ, organizing your grounds clearly and structurally.
Ask the AI to act as the institution's lawyer and identify the weaknesses of your contestation — to better prepare with your own lawyer.
Copy the text of the document into the AI and ask for a plain language explanation, paragraph by paragraph.
AI can make mistakes. Always verify information with official sources and consult a specialized lawyer before making decisions that affect your freedom or that of a loved one. The P-38 Act touches on fundamental rights that require professional support.
The Deadlines Are Your Allies. Know Them.
The P-38 Act is an exceptional law with strict conditions: real danger and refusal to consult — both conditions must be met. Its deadlines are rigid and their non-compliance leads to automatic release. Whether you are the person held or a loved one, knowing these deadlines is your first line of defence. To contest custody: the TAQ is accessible by simple letter, and legal aid may cover the costs of a lawyer. And if you were held unlawfully beyond 72 hours, a compensation remedy exists.
This guide is provided for informational purposes only and does not constitute legal advice. Always verify critical information with official sources or consult a lawyer — legal aid may cover your costs if you are eligible. The author of this site is not a lawyer.
AI tools can invent facts, statutes or deadlines. Always verify with a lawyer, the Barreau du Québec, the relevant court registry or Légis Québec.
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