CLASS ACTION FOR THE PSYCHIATRIC CONFINEMENT

If you have been hospitalized against your will for more than 3 days without going to court, you may receive a compensation of up to $1,000 per day of illegal custody.

THE DEADLINE TO SUBMIT A CLAIM HAS PASSED. INDIVIDUALS WHO HAVE ALREADY SUBMITTED A CLAIM CAN EXPECT TO HEAR FROM PROACTIO, THE CLASS ACTION ADNIMISTRATOR. 

For more information, please visit the page below. Feel free to contact us anyway if you have any questions!

According to the Act respecting the protection of persons whose mental state presents a danger to themselves or to others (P-38.001), it is possible to keep a person in the hospital against their will, if their mental state presents a danger for themself or for others. Therefore, preventive confinement allows for the hospitalization of a person for a period of 72 business hours, without any court order.

Thus, you might have experienced an illegal custody if you were forced to stay in hospital for more than 3 business days without seeing a judge.

The Montreal Mental Health Advocacy Collective, Action autonomie as well as the attorney Patrick Martin-Ménard, secured a settlement of $8,500,000 that was concluded as a part of a class action in Quebec for the people who were subjected to a preventive confinement of more than 72h against their will, without a mandatory order and contingent upon a legal extension of the custody.

Of that amount, $3,600,000 will be allocated for individual claims of the victims.

Each person is eligible for an equal amount for every additional day of preventive confinement, for up to $1,000 per day.

Each person may also claim for expenses related to a preventive confinement that would have exceeded 72h, by providing details and supporting documents for these expenses.

For example: Meal expenses, parking expenses and salary loss.

  • Have been the subject of a preventive confinement of more than 72h against your will; 
  • Without a mandatory order, subject of a legal extension of the confinement;
  • In one of the designated medical facilities of Quebec;
  • Between January 1st, 2015 and November 4th, 2024.

Who Is Targeted By This Class Action?

The settlement agreement aims to compensate all the people who were placed under Eligible Preventive Confinement, which refers to a preventive confinement that took place between January 1st, 2015, and November 4th, 2024, without a mandatory treatment order and that lasted longer than 72h, subject to an extension of the confinement.  

Are excluded: 

  • Situations of interruption: (i) a doctor or a nurse ended the preventive confinement or (ii) there has been consent for the psychiatric confinement during the preventive confinement.  
  • Situations of legal extension: (i) there has been an extension of the preventive confinement due to the fact that the 72h time-frame ended on a Saturday or on a holiday, in which case the eligible preventive confinement is postponed to the expiration of the next business day, or (ii) a mandatory order has been issued, authorizing an extension of the preventive confinement period.  

Who Can Be Compensated In This Process By The Settlement Agreement?

To be compensated by this present settlement, you must meet the requirements below:  

  • Have been the subject of a preventive confinement of more than 72h against your will; 
  • Without a mandatory order, subject of a legal extension of the confinement;  
  • In one of the designated medical facilities of Quebec 
  • Between January 1st, 2015 and November 4th, 2024; 
  • Have submited a request BEFORE August 11th, 2025. 

What Can I Obtain From This Settlement?

The approved Claimants will receive an equal amount for each additional Day of preventive confinement, up to $1,000 per day.  

Nota Bene: “Claimants” refers to a Group Member or to the Representative of a Group Member who submits a claim in the time frame scheduled in the settlement Agreement, no later than August 11th, 2025. 

How Can I Obtain My Compensation?

** Call us at 1-855-522-3443 or contact us to recours@agidd.org to be led to a person who can provide you forms, photocopy your documents and forward your claim to the right place. ** 

You will have to fill the claim Form, and provide the documents below, as applicable:  

Claim of a person in their personal name:  

  • i) An acknowledged Identity Proof ;
  • ii) The Authorization Forms (Appendices F and G) ;
  • iii) Supporting documents for monetary claims, such as meal expenses, parking expenses and salary loss, if  available.

Upon receipt of the claims, the claim Administrator will proceed to analyze the eligibility of the claims.  

Once the analysis of the Claims completed, the claim Administrator will establish a list of valid claims.   

When the entirety of the Claims will have been the subject of a determination by the claim Administrator, the Administrator will inform the Claimants of the approval or not of their claims.  

The amount of compensation of each approved claim will be calculated after the revision period.  

The Claimants of which the claim will be approved by the claim Administrator will be compensated automatically, after the revision period, by check sent to their name at the address that we have in our files. 

Which Identity Documents Must I Provide?

You must provide a copy of an identity document that has the characteristics below:  

  • It must have been delivered by the government;  
  • It must not be expired;  

You might thus provide a photocopy of your health insurance card, driver’s license, passport or birth certificate. 

Until When Can I Register And Become A Member Of The Class Action?

The claim process is until August 11th, 2025. Each claim request received after that will be automatically refused.   

When Will I Know If My Claim Has Been Accepted ?

The claim Administrator has up until February 11th, 2026, to inform you of the approval or not of your Claim. However, the amount of your compensation will be determined only when the claim Administrator has decided on the eligibility of all received claim requests. 

How Will My Compensation Be Calculated?

Under the settlement Agreement approved by the Superior Court of Quebec on November 4th, 2024, the eligible members will receive an equal amount of each additional Day of preventive confinement, up to $1,000 per day.  

When Will I Receive My Compensation?

The payment of the compensation to the approved Claimants will be made only after all Claims will be processed, legal fees of the group attorneys, taxes and expenses, travel expenses, management and publication fees deducted and at the end of the revision process, at the latest nineteen (19) months after the effective Date, that is July 13th, 2026.   

Can The Check Be Made To My Contact Person?

No, even if you indicate a contact person in your claim form, the check will be issued to your name for the “Eligible Preventive Confinement” that you have experienced.  

Who Are The Prosecutors Who Represent The Group Members ?

Mr. Patrick Martin-Ménard and Ms. Brigitte Antoine 
Ménard Martin Avocats 
4950, Hochelaga St., 
Montréal (Québec), H1V 1E8 
menardmartin@menardmartinavocats.com  

My Claim Is Refused, Can I Ask For A Revision Or Appeal This Decision?

Under the settlement Agreement approved by the Superior Court, if and only if the claim is refused, the Group Member or the Representative of the Group Member may lodge with the claims Reviewer, a revision request of their Claim within 30 days following the receipt of the decision by the Member or by their Representative, by completing the revision form (Appendix K) and by submitting the new documents and the required sworn statement. 

How To Do If I Represent Legally A Group Member?

You must fill the claim form and provide the documents below, as applicable:  

a)  Claim submit by a curator, a guardian, or an agent for a Group Member:  

  • i) Sufficient proof to demonstrate that the curator, the guardian or the agent has the legal authority to act in the name of the represented Group Member ;
  • ii) Recognized identity proof of the represented Group Member and an recognized identity proof of the curator, tutor or agent ;
  • iii) The authorization forms (Appendices F and G);
  • iv) Supporting documents for monetary claims, such as meal expenses, parking expenses and salary loss, if available;  

b) Claim submitted by the Liquidator or Heir of a deceased Group Member:  

  • i) The death certificate or a copy of the death certificate of the deceased Group Member;
  • ii) The results of the will searches with the Barreau du Québec and the Chambre des notaires and a copy of the last will, as applicable;
  • iii) Recognized identity proof of the deceased Group Member and a recognized identity proof of the Liquidator or the Heir who is making the claim;
  • iv) The authorization forms (Appendices F and G);
  • v) Supporting documents for the monetary claim, such as meal expenses, parking expenses and salary loss, if 

Upon receipt of the claims, the claim Administrator will proceed to analyze the eligibility of the claims. 

Once the analysis of the Claims completed, the claim Administrator will establish a list of valid claims.   

When the entirety of the Claims will have been the subject of a determination by the claim Administrator, the Administrator will inform the Claimants of the approval or not of their claims.  

The amount of compensation of each approved claim will be calculated after the revision period.  

The Claimants of which the claim will be approved by the claim Administrator will be compensated automatically, after the revision period, by check sent to their name at the address that we have in our files. 

Will the amount of my compensation be subtracted from my social welfare income?

No, the prosecutors have made an agreement with the Ministère de l’Emploi et de la Solidarité sociale that the monetary compensation from the class action will not be subtracted from the social welfare income. 

WE CAN HELP YOU!

Community mental health advocacy organizations across Quebec are mandated to help you register for the recourse and fill out the forms. Take note that the phone number is toll-free. 

1

1-855-522-3443

2

recours@agidd.org

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