Preventive custody for more than 72 consecutive hours
A Settlement (« Settlement Agreement ») of $ 8 500 000 was reached in a class action in Quebec for people who have been placed under preventive confinement for more than seventy-two (72) hours, against your will, without judicial authorization and subject to a legal extension of confinement, in a Quebec hospital that is included in this Settlement Agreement between January 1st, 2015 and November 4th, 2024.
Criteria to respect
- You have been placed under preventive confinement for more than 72 hours, against your will
- Without judicial authorization and subject to a legal extension of confinement
- In a Quebec hospital that is included in this Settlement Agreement
- Between January 1, 2015 and November 4th, 2024
The following situations are excluded from the Settlement Agreement:
Interruption situations:
- A doctor or nurse has terminated the preventive confinement
- You have consented to institutional confinement while in preventive confinement.
Extension situations:
- There was an extension of preventive confinement due to the fact that the 72-hour period ended on a Saturday or statutory holiday, in which case eligible preventive confinement is deferred until the end of the next working
- A court order was issued authorizing the extension of the preventive confinement period.
What does the Settlement Agreement provide for ?
Payment of $8,000,000 by the healthcare institutions concerned and the Attorney General of Québec as a Settlement Fund.
The total sum will be divided as follows:
➡ $3,600,000 – Members’ Compensation Fund for the settlement of Members’ individual claims;
➡ $4,400,000 – Restorative Measure Fund to finance community organizations working to defend the rights of mental health users and proximity intervention organizations for vulnerable clienteles and emergency service support, prevention and crisis management and suicide prevention;
In addition, up to $500,000 will be paid as the Administrative Expenses Fund to cover costs and disbursements of any nature whatsoever, as well as legal fees arising from the implementation of the Settlement Agreement and related to its administration, including the publication costs of the Notice To Members, the fees of the Administrators of the claims, and the liquidation and administration of the Claims and the payment of the compensation to the Approved Members.
Class Counsel fees will be deducted from the Members’ Compensation Fund and the Restorative Measure Fund as outlined by the court in the November 4th, 2024 judgment.
What will be the compensation ?
Each class member may be eligible to an equal amount for each Additional Day of Preventive Confinement, up to a maximum of $1,000 per day.
➡ The amount in the Members’ Compensation Fund will be distributed to Approved Members by dividing this amount by the total number of Additional Day of Preventive Confinement.
Each Approved Member may also claim for expenses incurred in the course of the Preventive Confinement in excess of 72 hours by providing details and supporting documents for such expenses. For example, these expenses may include meal expenses, parking fees and lost wages
When will the compensation be distributed ?
Payment of compensation to approved Claimants will be issued only when all Claims have been processed, after deduction of Group Lawyer’s legal fees, taxes and expenses, management and publication costs, and upon completion of the review process, no later than nineteen (19) months from the Effective Date, on July 13, 2026.
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