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Currently, authorities can forcibly hospitalize a person only if they pose a 鈥渟erious and immediate鈥� danger to themselves or others. This criterion is among the most restrictive in Canada.

Minister Sonia B茅langer鈥檚 Bill 23 proposes to change the wording to that of a 鈥渟ituation where there is a danger鈥� to the person or others.

For example, a man with schizophrenia whose condition is reported to be deteriorating, but who does not necessarily pose an immediate danger, could be taken against his will to hospital, where he would remain for seven days.

Police will need authorization from a crisis intervention worker before intervening. To keep someone in hospital longer than one week, an application will have to be submitted to the Administrative Tribunal of Quebec.

Those with diagnosed mental health issues will have the option of creating a plan in the event of a major breakdown.

In his budget presented last week, Finance Minister Eric Girard set aside $104.4 million over five years to reform P-38 and improve mental health services.

鈥淲e have a responsibility to compel these people to seek treatment,鈥� said Premier Fran莽ois Legault at a news conference. 鈥淚t鈥檚 true it鈥檚 taken awhile, but it鈥檚 a very delicate matter. Obviously, we don鈥檛 want to go too far.鈥�

Last fall, the minister of social services at the time, Lionel Carmant, pledged to modernize the law while noting that the issue was a sensitive one in terms of human rights.

In a December report commissioned by Carmant, the Quebec Institute for Law and Justice Reform said Bill P-38 formed a 鈥渟erious infringement of people鈥檚 fundamental rights and freedoms."

The institute recommended instead that services dedicated to mental health support and care be improved.

B茅langer said she took the report into account and denied going against its recommendations.

A recent homicide at a convenience store in downtown Montreal reignited the debate over the application of Bill P-38.

Concerns were also raised in 2023 after police officer Maureen Breau was killed by a man in crisis whose aggressive behaviour had been flagged by his family.

The government鈥檚 parliamentary leader, Simon Jolin-Barrette, said he expects Bill 23 to be passed before the end of the session, scheduled for June 12.

This report by 好色tvwas first published March 24, 2026.