On May 7, 2026, the Protecteur du citoyen presented a brief to the Committee on Health and Social Services. The document relates to Bill 23, An Act mainly to provide better support to persons whose mental state could present a risk for their own safety or that of others.
The bill aims to amend the Act respecting the protection of persons whose mental state presents a danger to themselves or to others (Act P-38). This act, described as an exceptional regime, already infringes on the rights and freedoms of persons with mental health issues. It can allow for the transportation and confinement of a person without their consent.
According to the Protecteur du citoyen, it is important to maintain the exceptional nature of Act P-38. Any measure imposed without a person’s consent can only be justified when it is strictly necessary. A fair balance must therefore be struck between respect for citizens’ fundamental rights and public safety.
Among other things, the bill proposes to relax the dangerousness criterion that allows for the involuntary transportation and confinement of a person in a health and social services institution. As a result, some individuals may find themselves more likely to be targeted by exceptional measures. This includes seniors with loss of autonomy or neurocognitive disorders. Members of the First Nations and the Inuit, who have historically been disproportionately affected by coercive regimes and forced institutionalization, may also be affected. So-called exceptional measures could effectively become a substitute for the lack of accessible services for these individuals.
The Protecteur du citoyen has made 26 recommendations aimed at limiting infringements on fundamental rights in the context of the law’s modernization.
Learn more about this Protecteur du citoyen intervention:
