P-38 ACT — Forced Psychiatric Evaluation in Quebec

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, the rights of the person held, the available remedies — and the ongoing reform.

1. 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 of these two conditions 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.

2. The Three Types of Custody

A) Preventive Custody — Serious and Immediate Danger (Maximum 72 Hours)

This is the emergency measure. 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 preventive custody must be ordered by a physician.

• Maximum duration: 72 hours.
• Who orders the custody: a physician (or an authorized nurse practitioner). The police officer or crisis worker can bring the person to the hospital, but only the clinician 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.

Crucial point: preventive custody does NOT allow a psychiatric assessment to be imposed. If the person refuses the assessment, the institution must obtain an order from the Court of Quebec (provisional custody). Upon expiry of the 72 hours without an order, the person must be released. Exception provided in art. 7 para. 3 of the P-38.001 Act: if the 72 hours end on a Saturday, Sunday or holiday with no judge available, custody may be extended to the next working day.

B) Provisional Custody — For the Purpose of a Psychiatric Assessment (Maximum 144 Hours)

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).

• Maximum 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.
• First psychiatric assessment: must take place within 24 hours of the order. If the first psychiatrist concludes there is no dangerousness, the person is released immediately.
• Second psychiatric assessment: within 48 hours (if prior preventive custody) or 96 hours (if not hospitalized before the order). If this second psychiatrist also concludes there is dangerousness, the institution has 48 hours to request authorized custody.

These deadlines are strict and non-negotiable. If they are not respected, the custody ends automatically and the person must be released immediately — even if the assessments have not been completed.

C) Authorized Custody — Ordered by the Court (Duration Set by the Judge)

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.
• If custody exceeds 21 days: an additional psychiatric report must be produced on the 21st day, otherwise the custody ends automatically.
• Fundamental rule: as soon as a physician determines that custody is no longer necessary, the person must be informed and released immediately — even if the authorized period has not expired. This is a legal obligation.

3. How a Loved One Can Request a Forced Psychiatric Assessment

In an Emergency — Serious and Immediate Danger

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. They can guide you, assess whether the situation requires police intervention, or direct you to a crisis service in your region. A mobile crisis team can sometimes obtain the person's voluntary consent — thereby avoiding the forced recourse.

Without Immediate Emergency — Application Before the Court of Quebec

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.

4. 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.

Guaranteed Rights

• Right to be informed: 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.
• Right to refuse treatment: custody does not authorize the hospital to impose medications or treatments on you. To impose treatment, the institution must obtain a separate care authorization order under article 16 of the Civil Code of Quebec — this is a completely separate procedure from custody.
• Right to communicate: 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.
• Right to be represented: you can be represented by a lawyer before the court. Legal aid may cover your costs if you are eligible.
• Right to automatic release: if the psychiatric assessments are not completed within the legal deadlines, you must be released immediately.

5. How to Contest Your Custody

Option 1 — Before the Court of Quebec

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.

Option 2 — Before the Tribunal administratif du Québec (TAQ)

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.
• Deadline to contest: you can file a contestation at any time. The TAQ handles these files on a priority basis (urgency).
• Important: filing the application does not suspend your custody. You remain hospitalized while your application is being examined.

TAQ contacts: Montreal (514) 873-7154 | Quebec City (418) 643-3418 | Toll-free 1 800 567-0278 | taq.gouv.qc.ca

Option 3 — Habeas Corpus Before the Superior Court

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 — that is, beyond the deadlines or conditions set by the court.

6. 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.

In October 2024, an $8.5 million settlement was submitted to the Superior Court to compensate persons held for more than 72 hours without an order. Each eligible applicant can receive $1,000 per day of unjustified custody — that is, each day exceeding the 72 hours permitted without judicial authorization.

This settlement clearly confirms that detention beyond legal deadlines constitutes a violation of fundamental rights, recognized and sanctioned by the courts.

7. 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 IQRDJ's Key Recommendations

The institute recommends that the P-38 remain an exceptional law and that the notion of serious or immediate dangerousness remain the central criterion. Replacing this criterion with a "risk of compromise to safety" could facilitate the forced hospitalization of too large a portion of the population.

The Two Sides of the Debate

On one side, the Association des médecins psychiatres du Québec and family groups call for more flexibility, arguing that the current criterion is too restrictive and that vulnerable people fall through the cracks.

On the other side, 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 the resulting disengagement from services.

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 — which would allow for better application of the law and decisions better adapted to clinical realities.

8. Using AI to Understand Your Rights and Prepare Your Approach

Whether you are the targeted person seeking to contest your custody, or a loved one preparing an order application, AI tools can help you organize your approach, understand documents received and draft your texts.

• Understanding the procedure (Gemini): "Explain to me in plain language the steps of institutional custody in Quebec and the deadlines applicable to my situation."
• Preparing an application (ChatGPT): "Help me draft a provisional custody application for the Court of Quebec. Here are the behaviours I observed: [your observations]."
• Contesting custody (ChatGPT): "Draft a contestation letter addressed to the TAQ. Here are the facts: [your facts]."
• Analyzing your position (Claude): "Act as the institution's lawyer. Here is my contestation. What are its weaknesses?"
• Understanding a judgment received (Gemini): "Explain this document to me in plain language: [paste the text]."

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 touches on fundamental rights that require professional support.

9. Official Sources and Resources

Legal Texts

P-38.001 Act — LégisQuébec (full text)

Articles 26 to 31 of the Civil Code of Quebec — LégisQuébec

MSSS Reference Framework — Application of the P-38 Act (PDF)

Official Resources

Your Rights and Remedies — Government of Quebec

TAQ — Contesting Institutional Custody

TAQ — P-38 Quick Reference (types of custody and deadlines)

Protecteur du citoyen

Plain Language Resources

Éducaloi — Institutional Custody for a Psychiatric Assessment

Éducaloi — Contesting Institutional Custody

Action Autonomie — Institutional Custody and Your Rights

AGIDD-SMQ — Mental Health Rights Advocacy

Société québécoise de la schizophrénie — Remedies in Cases of Refusal

JuriGo — P-38 Act and Institutional Custody

Legal Aid

Legal Aid Quebec — If you cannot afford a lawyer, legal aid may cover your costs depending on your income.

Barreau du Québec — Find a Lawyer

Emergency Resources

• 911 — Immediate emergency
• 811 — Info-Social (CLSC psychosocial worker, available 24/7)
• 1-866-APPELLE (1-866-277-3553) — Suicide prevention line

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Other Guides from Justice-Quebec.ca

➡️ The P-38 as a Weapon — When a Superior Court Judgment Documents the Instrumentalization of a Forced Psychiatric Assessment

➡️ Self-Representation in Court in Quebec — The Complete Guide

➡️ DPJ in Quebec — Reporting, Intervention Process and Parental Rights

➡️ Psychosocial Assessment and Expert Evaluation in Family Matters in Quebec

➡️ Parental Alienation in Quebec — Recognizing the Signs, Documenting and Acting

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© 2025-2026 Justice-Quebec.ca — 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.