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;

You must complete the Claim Form and provide the following documents, as applicable:

Claim by a Group Member on his or her own behalf:
i) Recognized proof of identity;
ii) Authorization forms (Annexes F and G);
iii) Supporting documentation for pecuniary claims, if any, such as meal expenses, parking fees and lost wages, if available;

Upon receipt of Claims, the Claims Administrator will will proceed to analyze the admissibility of the claims.

Once the Claims analysis has been completed, the Claims Administrator will draw up a list of valid claims.

Once all Claims have been determined by the Claims Administrator, the Administrator will notify Claimants whether or not their Claims have been approved.

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

Claimants whose claims are approved by the Claims Administrator will be compensated automatically, after the review period, by a cheque sent in their name to the address we have on file.

You must complete the Claim Form and provide the following documents, as applicable:

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

i) Sufficient proof that the curator, tutor or mandatary has the legal authority to act on behalf of the represented Class Member;
ii) Proof of identity of the represented Class Member and Proof of identity of the curator, tutor or mandatary;
iii) Authorization forms (Annexes F and G);
iv) Supporting documents for pecuniary claims, if any, such as meal expenses, parking fees and lost wages, if available;

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

i) Death certificate or copy of death certificate of deceased Class Member;
ii) The results of the will search with the Quebec Bar and the Chambre des notaires, and a copy of the last will and testament, if applicable;
iii) Recognized proof of identity of the deceased Class Member and recognized proof of identity of the Liquidator or Heir filing the Claim;
iv) Authorization forms (Annexes F and G);
v) Receipts for pecuniary claims, if any, such as meal expenses, parking fees and lost wages, if available.

Upon receipt of Claims, the Claims Administrator will will proceed to analyze the admissibility of the claims.

Once the Claims analysis has been completed, the Claims Administrator will draw up a list of valid claims.

Once all Claims have been determined by the Claims Administrator, the Administrator will notify Claimants whether or not their Claims have been approved.

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

Claimants whose claims are approved by the Claims Administrator will be compensated automatically, after the review period, by a cheque sent in their name to the address we have on file.

You must provide a copy of an identity document that meets the following requirements:

• it must have been issued by the government;
• it must not have expired.

You can therefore provide a photocopy of your health insurance card, driver's license, passport or birth certificate.

The claims process will be open from December 10th, 2024 to August 11st, 2025.

The Claims Administrator has until February 11, 2026 to notify you whether or not your Claim has been approved.

However, the amount of your compensation can only be determined once the Claims Administrator has decided on the eligibility of all claims received.

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).

Under the terms of 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 Protective Custody, up to a maximum of $1,000 per day.

Compensation payments to Approved Claimants will only be made once all Claims have been processed, Group Counsel's legal fees, taxes and expenses, management and publication costs deducted, and upon completion of the review process, no later than nineteen (19) months from the Effective Date, i.e. July 13, 2026.

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
menardmartin@menardmartinavocats.com