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C-25 - Code of Civil Procedure

Section 852
Disposition versions

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852. In the case of a person kept without his consent in an institution governed by the Acts respecting health services and social services and in the case of a person confined in a house of detention or a penitentiary, the petition cannot be presented to the judge unless it has been served upon the Attorney General, with a notice of the date of its presentation. In other cases, the judge may, if he considers that the Attorney General has sufficient interest therein, either order that the motion be served upon him and postpone his decision in consequence, or immediately authorize the issuance of the writ and require that such service be made upon him before the date fixed for the return.
1965 (1st sess.), c. 80, a. 852; 1992, c. 21, s. 127; 1992, c. 57, s. 391.
852. In the case of a person kept in an institution governed by the Acts respecting health services and social services and in the case of a person confined in a prison or a reformatory, the petition cannot be presented to the judge unless it has been served upon the Attorney General, with a notice of the date of its presentation. In other cases, the judge may, if he considers that the Attorney General has sufficient interest therein, either order that the motion be served upon him and postpone his decision in consequence, or immediately authorize the issuance of the writ and require that such service be made upon him before the date fixed for the return.
1965 (1st sess.), c. 80, a. 852; 1992, c. 21, s. 127.
852. In the case of a person confined in a hospital for the mentally ill, a prison or a reformatory, the petition cannot be presented to the judge unless it has been served upon the Attorney General, with a notice of the date of its presentation. In other cases, the judge may, if he considers that the Attorney General has sufficient interest therein, either order that the motion be served upon him and postpone his decision in consequence, or immediately authorize the issuance of the writ and require that such service be made upon him before the date fixed for the return.
1965 (1st sess.), c. 80, a. 852.
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