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In the wake of the class action on preventive custody exceeding 72 consecutive hours without seeing a judge, DRSM GÎM accompanied some twenty people to file a claim.
In Quebec, the law allows the forced hospitalization of a person for a maximum of 72 hours, if they represent a serious and immediate danger to themselves or others. Beyond this period, a judge's order is required. Otherwise, it's considered a violation of your rights, or illegal custody.
In 2019, Action Autonomie, a mental health advocacy group in Montreal, launched a class action with the support of Me Patrick Martin-Ménard of Ménard Martin Avocats. Last November, an $8.5 million settlement was reached to compensate all those who may have suffered this type of abuse of rights in healthcare facilities across Quebec between January 1, 2015 and November 4, 2024.
Over the past 10 months, Droits et Recours Santé Mentale Gaspésie-Les-Îles, like the Association des groupes d'intervention en défense de Droits en santé mentale du Québec (AGIDD SMQ) and all its member groups, has spared no effort to reach the maximum number of people likely to benefit from the compensation offered.
We toured all our partner mental health organizations and the psychosocial teams of CLSCs and mental health departments during the winter. This enabled us to reach a large number of people working with people likely to be affected by this action. We launched a multi-channel marketing campaign to promote the action on our website and Facebook page. We also ran advertisements in various media. These included one on Bleu FM, to reach the population of Haute-Gaspésie, and another on CHAU TVA, to reach Gaspesians and Madelinots in the other MRCs of our vast territory. We also widely distributed advertising inserts and posters in the national campaign colors to our partner organizations and CISSS de la Gaspésie facilities. The AGIDD-SMQ national campaign also helped us reach a wider audience.
Our organization is proud to have accompanied some twenty people from all the MRCs in our territory, and even beyond: three from Haute-Gaspésie, three from Côte-de-Gaspé, three from Rocher-Percé, two from the MRC of Bonaventure, five from Avignon, two from the Îles-de-la-Madeleine and two from outside our beautiful region.
Eleven of the people concerned had already benefited in the past from our individual assistance in asserting their rights. Three contacted us directly after seeing our regional advertisements. Six others were informed through the national campaign run by AGIDD-SMQ.
As far as the rest of the procedure is concerned, Proactio, the party responsible for the appeal, will be responsible for assessing people's eligibility and determining the amount they will be awarded.
The Claims Administrator has until February 11, 2026 to notify registrants whether or not their claims have been approved. Thereafter, the Administrator will have until July 13, 2026, at the latest, to proceed with the payment of compensation to approved claimants.
If the claim is rejected, it is advisable to mention that a request for review may be submitted to the Claims Manager within thirty (30) days of notification of the decision. The Rights & Recourses team is available to assist anyone wishing to take this step.