Overly long wait times for contesting confinement for people unwillingly kept in a health institution

In a report released on October 10, 2018, the Protecteur du citoyen looked into Tribunal administratif du Québec (TAQ) recourse for people kept in a health institution against their will. The investigation revealed that overly long wait times for contesting confinement jeopardize access to such recourse.

"Motions contesting confinement must be processed as emergencies. Our investigation showed that between 2015 and 2017, in 80% of cases, recourse could not in fact be exercised, often because confinement was lifted before the case was heard," said Ombudsperson Marie Rinfret.

The Protecteur du citoyen made five recommendations to TAQ and two to the Ministère de la Santé et des Services sociaux aimed at rectifying the situation.

• News release: People kept in health institutions against their will. Access to recourse jeopardized by long wait times for contesting confinement before TAQ 
• To read the report: Contesting the continuance of institutional confinement before the Tribunal administratif du Québec: for prompt, accessible recourse (PDF Summary, 180 KB)