The Physician’s Obligations under Certain Laws

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

Under review

The protective measures cited in this Act complement the more general provisions of the Civil Code.

Section 7 of the Act reiterates the concept defined in the Civil Code with respect to preventive confinement when the danger is serious and immediate. However, it specifies that the power to impose preventive confinement is given to physicians in institutions only and may not exceed 72 hours. Once this period has expired, the person must be released, unless the court has ordered the confinement extended so that the person may undergo further psychiatric examination. The Act also stipulates that a law enforcement officer may be called upon to bring the patient, against his or her will, to the establishment (sec. 8).

When the court has set a duration of confinement exceeding  21 days, the person under confinement must be examined periodically to ascertain whether continued confinement is necessary.

2011-04-04