Description of
the right

Your hospitalization usually ends when you are officially discharged by the medical team. However, you have the right to leave the healthcare establishment whenever you wish, even if you have not been discharged.

You have the right to ask about the reasons why you are asked to stay and make the right decision for you. You cannot be forced to stay unless ordered to by a court.

If you decide to leave without being discharged, you will be asked to sign a document that you recognized the end of the care.

 

If you plan to leave by car or taxi with your newborn, the law requires you to have a suitable car seat. If you do not have a car seat, the healthcare establishment could refuse to sign the child’s discharge. In the case of departure on foot, there is no obligation to have a stroller or a shell.

Canadian Charter of Rights and Freedoms: section 7

Quebec Charter of Human Rights and Freedoms: section 1

Act respecting the governance of the health and social services system: sections 11, 12 and 15

Act respecting health and social services for Cree Native persons: sections 8, 9 and 12

Loi sur les services de santé et les services sociaux pour les Inuit et les Naskapis: sections 8, 9 and 12

Civil Code of Quebec: sections 10, 11, 12 and 14

Highway Safety Code: section 397