Who can apply for temporary custody?
The request can be made by a doctor or someone who is concerned about the person’s mental state.
To accept the application for provisional custody, the judge of the Court of Québec must have serious reasons to believe that the person presents a danger to himself or to others. If he refuses the request, a new request can be made if the person’s situation has changed.
To learn more about the process before a judge, see our articles Prolonged confinement in an establishment and Contesting confinement in an establishment .
Psychiatric assessments
The person will usually undergo two psychiatric assessments by two different psychiatrists.
Psychiatrists must assess whether the person poses a danger to themselves or others due to their mental state. They must also assess whether the person is capable of taking care of themselves and administering their property, and whether they need protection .
The evaluations must take place within the deadlines provided for by law and must not take place on the same day.
First assessment
A first psychiatrist must assess the person quickly, respecting the time limit applicable to the situation of the person concerned:
If the person is not already kept in an establishment
If the person is already under protective custody (emergency situation)
No later than 24 hours after it has been taken over by the establishment.
No later than 24 hours after the interim custody order.
If the first psychiatrist concludes that confinement is not necessary, he must let the person leave the establishment. If this psychiatrist concludes that confinement is necessary, a second psychiatrist must assess the person.
Second assessment
If the person is not already kept in an establishment
If the person is already under protective custody (emergency situation)
No later than 96 hours after being taken into care by the establishment.
No later than 48 hours after the provisional custody order.
If the second psychiatrist concludes that confinement is not necessary, he must let the person leave the establishment. If this psychiatrist concludes that confinement is necessary, the establishment has an additional 48 hours to seek permission from the court to keep the person in the establishment for an extended period of time (extended confinement in establishment ). If the establishment cannot obtain this permission within 48 hours, it must let the person leave.
Assessment reports are confidential
Reports completed by psychiatrists are confidential. Only the person kept in an institution, the institution and the court can read it. A judge can however allow other people to consult them.
To learn more about the process in court, see our articles Prolonged confinement in an establishment and Contesting confinement in an establishment
