La judiciarisation du traitement du malade psychiatrique inapte qui refuse catégoriquement de consentir

Psychiatrists in particular face a cliinical, legal and social dilemma in treating their patients who are likely to categorically oppose treatment. This article illustrates this dilemma in the context of Quebec's Bill 145, resulting in the care of psychiatric patients being increasinly referred to the courts. After presenting this legislation and a case, the authors illustrate the impact of this legislation in light of their own experience and similar legislation in the United States. The mechanisms proposed by Bill 145 have proved costly in several respects as well as cumbersome and ineffecive. The authors propose the establishment of an administrative tribunal as an alternative to the current recourse to the courts.