Preventive confinement - Frequently asked questions

Theclass action authorized in Action Autonomie v. CISSS de la Montérégie-Centre et al (500-06-001109-202) sought compensation for preventive custody of more than 72 hours, without judicial authorization and subject to a legal extension of custody. The Defendants do not recognize the merits of the claim and deny the facts of which they are accused.

However, the Settlement Agreement is intended to compensate people who have been placed under "Eligible Preventive Confinement", a preventive custody that has taken place since January 1, 2015, without a court order, and has continued beyond seventy-two (72) hours, subject to an extension of custody.

The following are excluded:

• Situations of interruption: (i) a doctor or nurse has terminated protective custody or (ii) there has been consent to institutional custody during protective custody.
• Legal extension situation: (i) there has been an extension of preventive custody due to the fact that the 72-hour period ended on a Saturday or public holiday, in which case eligible preventive custody is postponed to the expiry of the next working day, or (ii) a court order has been issued authorizing the extension of the period of preventive custody.

The closing date of group is November 4th 2024.

To be compensated by the settlement agreement, you must:

• Have been held in preventive confinement for more than seventy-two (72) hours, against your will;
• Without judicial authorization and subject to legal extension of confinement;
• In one of Quebec's targeted hospitals;
• Between January 1, 2015 and November 4, 2024.

Approved Claimants will receive an equal amount for each additional Day of Protective Custody, up to a maximum of $1,000 per day.

Nota Bene: "Claimant" means a Class Member or Class Member's Representative who submits a Claim within the time limits set forth in the Settlement Agreement;

The claims process is closed.

Certain circumstances beyond our control are currently causing delays in the processing of compensation claims filed under the settlement agreement relating to the class action concerning institutional custody.

Class Counsel are currently preparing a request to present a revised timeline to the Court. 

Once approved, this revised timeline will be posted on the Ménard, Martin Avocats website, on our website, and on the Class Actions Registry.

Under the terms of the Settlement Agreement approved by the Superior Court, if and only if the Claim is denied, the Class Member or Class Member's Representative may file a request for review of his or her Claim with the Claims Reviewer within thirty (30) days of receipt of the decision by the Class Member or Class Member's Representative, by completing the Review Form (Annex K) and submitting the required new documentation and affidavit(s).

As per the Settlement Agreement approved by the Quebec Superior Court on November 4, 2024, eligible members will receive an equal amount for each additional Day of Preventive Confinement, up to a maximum of $1,000 per day.

Please note that the amount of your compensation will only be determined once the Claims Administrator has ruled on the eligibility of all submitted claims.

Accordingly, the exact amount of compensation payable to each eligible member cannot be determined at this time. 

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.

Accordingly, the exact date for the payment of compensation cannot be confirmed at this time.

The payment date will be posted on this website once it becomes available.

No, even if you indicate a contact person on your claim form, the cheque will be issued in your name for the "Eligible Preventive Guarding" you have experienced.

Mtrs Patrick Martin-Ménard et Brigitte Antoine
Ménard Martin Avocats
4950 Hochelaga St,
Montréal (Québec), H1V 1E8
[email protected]