P-38.001 - Act respecting the protection of persons whose mental state presents a danger to themselves or to others

Section 8 Disposition versions

2021-01-25

8. A peace officer may, without the authorization of the court, take a person against his will to an institution described in section 6

(1)  at the request of a member of a crisis intervention unit who considers that the mental state of the person presents a grave and immediate danger to himself or to others;

(2)  at the request of the person having parental authority, the tutor to a minor or any of the persons mentioned in article 15 of the Civil Code, where no member of a crisis intervention unit is available in due time to assess the situation. In such a case, the peace officer must have good reason to believe that the mental state of the person concerned presents a grave and immediate danger to himself or to others.

Subject to the provisions of section 23 and to more pressing medical emergencies, the institution to which the person is brought must take charge of the person upon arrival and have the person examined by a physician or a specialized nurse practitioner. The physician or nurse may then place the person under preventive confinement in accordance with section 7.

In this section, “crisis intervention unit” means a unit designed to take action in crisis situations pursuant to the mental health service organization plans provided for by the legislation respecting health services and social services.

1997, c. 75, s. 8; 2020, c. 6, s. 17.

1998-06-01

8. A peace officer may, without the authorization of the court, take a person against his will to an institution described in section 6

(1)  at the request of a member of a crisis intervention unit who considers that the mental state of the person presents a grave and immediate danger to himself or to others;

(2)  at the request of the person having parental authority, the tutor to a minor or any of the persons mentioned in article 15 of the Civil Code, where no member of a crisis intervention unit is available in due time to assess the situation. In such a case, the peace officer must have good reason to believe that the mental state of the person concerned presents a grave and immediate danger to himself or to others.

Subject to the provisions of section 23 and to more pressing medical emergencies, the institution to which the person is brought must take charge of the person upon arrival and have the person examined by a physician, who may place the person under preventive confinement in accordance with section 7.

In this section, “crisis intervention unit” means a unit designed to take action in crisis situations pursuant to the mental health service organization plans provided for by the legislation respecting health services and social services.

1997, c. 75, s. 8.