Mental Health Lawyer
Every human being has a right to life, and to personal security, inviolability and freedom.
Specialized mental health lawyers with the expertise to meet your needs
Need a lawyer specializing in mental health and legal psychiatry? A person’s health and well-being should not be a source of difficulties or problems, particularly when it is a question of human rights. Every person has the right to liberty, integrity and inviolability, and these fundamental rights may only be overridden in exceptional cases and according to very specific criteria.
A person’s mental state can result in legal restrictions being placed on their rights. Some individuals may pose a danger to themselves or others, and their mental state may affect their capacity to be held criminally responsible for their actions.
In such situations, a person’s fundamental rights and freedoms may be limited after certain legal proceedings have been concluded.
How can our lawyers specializing in mental health and legal psychiatry help you?
Our attorneys specializing in forensic psychiatry can help you better understand the proceedings you are facing and inform you of your rights.
They can also represent you at hearings held in connection with a petition for involuntary commitment or a treatment order. Our attorneys can also represent individuals who must appear before the Mental Health Review Board.
Cases Handled by Our Mental Health Lawyers
Our attorneys handle a wide range of mental health-related proceedings. Every situation is unique, and we tailor our approach to your specific circumstances.
You have received a request for involuntary commitment
Involuntary commitment is a measure that allows a person to be hospitalized against their will when they pose a serious danger to themselves or others. It can only be ordered by a judge, based on two psychiatric evaluation reports.
If you have been subject to such a proceeding, you have the right to be represented at the hearing and to present your version of the facts. Our attorneys review the case file, identify weaknesses in the evidence, and defend you in court.
Important: Involuntary commitment does not authorize the administration of care or treatment to the person being held against their will. These two measures are distinct under Quebec law.
You are challenging a care or treatment order
A care order (also known as a treatment order) can compel a person to receive medical treatment—usually psychiatric—even if they refuse it. This measure is distinct from involuntary commitment.
Our attorneys verify that legal requirements are strictly followed, ensure that your right to informed consent has been respected, and can challenge the order before the appropriate courts.
You wish to have a detention order reviewed
Once you believe you no longer pose a danger to yourself or others, you may request a review of the institutional custody order by filing a petition with the Administrative Tribunal of Quebec (TAQ).
Our attorneys will assist you throughout this process: preparing the case file, gathering relevant medical evidence, and representing you at the review hearing.
You are appearing before the Mental Disorder Review Board (CETM)
The Mental Disorder Review Board (CETM) determines the status of individuals charged with criminal offenses who have been found not criminally responsible by reason of mental disorder, or who have been declared unfit to stand trial.
This board regularly reviews your situation and may decide on your release, continued detention, or conditions of supervision. Being well-represented at these hearings is critical to your future.
Why Choose MedLégal?
Forensic psychiatric proceedings move quickly—often within 48 to 96 hours of the service of the application. Without specialized legal representation, it is very difficult to effectively assert your rights within these tight deadlines.
Exclusive Specialization in Health Law
MedLégal is a law firm dedicated solely to health law and the defense of healthcare system users. Our attorneys do not practice in other areas: all their expertise is focused on your rights as a user of the Quebec healthcare system.
A compassionate, non-judgmental approach
We know that the people who contact us are often going through difficult times. Our approach is based on listening, transparency, and empathy. We give you a clear picture of your situation, without false hope or unnecessary dramatization.
A commitment to accessibility
We answer specific questions about how the healthcare system works at no cost. For people in vulnerable situations, we seek solutions tailored to their reality.
When should you call on our mental health and legal psychiatry lawyer ?
Have you been served with a court application for involuntary commitment or a treatment order or have you been informed that your hearing before the Review Board for mental disorder is coming up? Contact us without delay! Our mental health lawyers will represent you.
Our Other Areas of Expertise
The MedLégal team also includes lawyers specializing in medical malpractice and health law. We can also represent you in cases involving human rights, disability insurance, personal injury, and class-action lawsuits in the field of health law. Browse our website or contact our firm to learn more about our legal services.
Frequently Asked Questions About Legal Representation in Mental Health
1. What is forensic psychiatry in Quebec?
Forensic psychiatry is the intersection of law and mental health. It addresses situations where a person’s mental state may affect their civil rights or legal responsibility.
In Quebec, the main law governing this area is the Act respecting the protection of persons whose mental state presents a danger to themselves or to others (P-38.001). It defines the strict conditions under which a person may be hospitalized or treated against their will.
These procedures affect fundamental rights: a person’s freedom, physical integrity, and autonomy. That is why consulting a lawyer specializing in mental health is not a luxury—it is essential protection.
2. Can I be forced to receive psychiatric care without my consent?
Yes, but only under the very strict conditions set forth by law. In Quebec, a treatment order may authorize the administration of psychiatric treatments against your will—including antipsychotic medications—if a court determines that you are incapable of consenting to treatment and that your condition poses a danger.
This order is a separate measure from involuntary commitment. It must be issued by a judge, based on a medical evaluation and after you have had the opportunity to be heard. Several cumulative conditions must be met:
- You must be unable to consent to the care required by your condition
- Refusal of treatment must pose a serious risk to your health or safety
- No less restrictive measures must be available
If such an order is sought against you, you have the right to be represented by an attorney at the hearing and to challenge the medical findings or legal grounds cited. A lawyer specializing in mental health law can review whether the procedure was followed, whether the assessment of incapacity is well-founded, and, if necessary, request a second opinion.
3. What should I do if I have been a victim of psychiatric abuse?
Psychiatric abuse can take many forms: unjustified hospitalization, administration of medication without valid consent, degrading treatment, or violation of your rights while in institutional care. Unfortunately, these situations are underreported, often because victims are unaware of their available recourses.
If you believe you have been a victim of abuse in a psychiatric setting, you can file a complaint with the local complaints commissioner of the facility in question, contact the Ombudsman, or file a civil lawsuit for medical malpractice. Our attorneys can assess your situation and guide you toward the most appropriate course of action.
4. Can I have a lawyer if I am hospitalized against my will?
Yes. Anyone subject to a request for involuntary commitment or a treatment order has the absolute right to be represented by a lawyer. This right applies even if you are already hospitalized.
5. How long does institutional custody last in Quebec?
Custody authorized by a judge generally lasts for a period of 21 to 30 days. It may be renewed if medical conditions warrant it. You can challenge this renewal with the help of a lawyer.
6. What is the difference between involuntary commitment and a treatment order?
Involuntary commitment aims to hospitalize a person for evaluation and protection, without administering treatment against their will. A treatment order, on the other hand, authorizes the administration of specific medical treatments even if the person refuses. These are two distinct procedures with different legal requirements.
7. What happens if I contest the decision and lose the hearing?
Even if you are unsuccessful at the initial hearing, you can still request a review of the decision before the Quebec Administrative Tribunal, or wait for the next reassessment hearing. Your lawyer can assist you with these subsequent appeals.
8. Who can file a request for involuntary commitment against me?
A doctor, a family member, or anyone with a sufficient interest in your well-being can file a request. In emergency situations, a police officer may also take you to the hospital without a warrant if your condition poses a serious and immediate danger. In all cases, the final decision rests with a judge.
9. How much does a forensic psychiatry lawyer cost?
Fees vary depending on the complexity of the case. However, low-income individuals may be eligible for legal aid, which covers all or part of the costs of representation in this type of proceeding. Contact us to assess your situation; we will answer your initial questions at no cost.