Droits-Accès de l’Outaouais is helping those who experienced forced hospitalization to navigate class action suit
Sophie Demers
Individuals who believe they were held in protective custody in a hospital for more than 72 hours between January 1, 2015, to November 4, 2024, may be eligible for up to $1,000 per day for illegal custody. Under law P-38.001, an individual can be placed in protective custody if they are a danger to themselves or others due to their mental state. This type of custody would be used, for example, if a doctor believed there was an imminent threat of suicide with one of their patients. However, by law, custody cannot exceed 72 hours. Those who believe they have experienced this have until August 11 of this year to submit their claim.
In 2020, Action Autonomie, a mental health advocacy group, filed a class action suit on behalf of the people affected, which led to the present agreement. The $8,000,000 class action settlement provides for the compensation that those affected may claim.
Droits-Accès de l'Outaouais (DAO), the mental health advocacy group for the Outaouais region is coordinating this process, helping individuals determine if they qualify for the compensation.
“When individuals experience illegal protective custody, they are often not doing very well,” said Mélodie Pelletier, Advisor and Head of Media Strategy at DAO. “They are in a situation that's already anxiety-inducing. It’s a process that is very complicated, even for professionals. They do not understand why they are there. They are anxious. We try to explain the process to them as best we can, but it’s hard to understand. Often, people who have had this happen do not even know that it did, that they have been kept in the hospital for too long illegally.”
Pelletier says that those who believe they have experienced this can contact DAO and they can help determine if it applies to them. They can be reached by phone at (819) 777-4746 or by email dao@videotron.ca.
Founded in the 1980s, DAO’s mission is to provide individual and group assistance and support, and to advocate for the rights of people with mental health problems.