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CCQ-1991 - Civil Code of Québec

Section 28
Disposition versions

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28. Where the court orders that a person be placed under confinement for a psychiatric assessment, an examination must be carried out within 24 hours after the person is taken in charge by the institution or, if the person was already under preventive confinement, within 24 hours of the court order.
If the physician who carries out the examination concludes that confinement in an institution is necessary, a second psychiatric examination must be carried out by another physician, at the latest within 96 hours after the person is taken in charge by the institution or, if the person was already under preventive confinement, within 48 hours of the court order.
As soon as a physician reaches the conclusion that confinement is not necessary, the person must be released. If both physicians reach the conclusion that confinement is necessary, the person may be kept under confinement without his consent or the authorization of the court for no longer than 48 hours.
1991, c. 64, a. 28; 1997, c. 75, s. 31; 2016, c. 4, s. 3.
28. Where the court orders that a person be placed under confinement for a psychiatric assessment, an examination must be carried out within 24 hours after the person is taken in charge by the institution or, if the person was already under preventive confinement, within 24 hours of the court order.
If the physician who carries out the examination concludes that confinement in an institution is necessary, a second psychiatric examination must be carried out by another physician within 96 hours after the person is taken in charge by the institution or, if the person was already under preventive confinement, within 48 hours of the court order.
If a physician reaches the conclusion that confinement is not necessary, the person must be released. If both physicians reach the conclusion that confinement is necessary, the person may be kept under confinement without his consent or the authorization of the court for no longer than 48 hours.
1991, c. 64, a. 28; 1997, c. 75, s. 31.
28. A judgment ordering a person’s confinement with a view to his undergoing a psychiatric examination also orders that a report be made to the court within seven days. It may, where applicable, authorize any other medical examination rendered necessary by the circumstances.
In no case may the report be disclosed to anyone but the parties without the authorization of the court.
1991, c. 64, a. 28.
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