Quebec's Bill 23 sparks debate over forced mental health hospitalisations

Quebec's government is pushing forward with Bill 23, a controversial plan to reform mental health laws. The proposed changes would make it easier to hospitalise people against their will, even if they do not pose an immediate threat. Minister of Health Sonia Bélanger tabled the bill, arguing it will improve care for those in crisis.

The new legislation targets the 1998 Act respecting the protection of persons whose mental state presents a danger to themselves or others. Currently, involuntary hospitalisation requires proof of a 'serious and immediate' danger. Bill 23 would lower this threshold to a 'situation where there is a danger', allowing intervention before a crisis escalates.

Under the proposed rules, police would need approval from a crisis worker before acting. For hospitalisations longer than seven days, an application to the Administrative Tribunal of Quebec would be mandatory. The government has also introduced a provision letting individuals with diagnosed mental health conditions create advance plans for potential breakdowns. Premier François Legault defended the reforms, stating that authorities must ensure people with mental health issues receive treatment. The government has committed $104.4 million over five years to support these changes. However, a 2023 report by the Quebec Institute for Law and Justice Reform warned that the original Bill P-38—on which Bill 23 is based—risked violating fundamental rights. No public data exists on annual involuntary psychiatric admissions in Quebec since the 1998 law was introduced. Lawmakers aim to pass Bill 23 before the legislative session ends on June 12, 2026.

If approved, Bill 23 will expand the conditions under which someone can be hospitalised without consent. The reforms would shift the focus from immediate danger to potential risk, while adding new safeguards like crisis worker approvals. The $104.4 million funding is intended to strengthen mental health services as the law takes effect.