Legal Information/ Legal Briefs
Legal Briefs
Until 2010, these legal briefs provide examples of judgments pertaining to everyday situations. Beginning in 2012, they deal with various topics of general interest, such as rental issues, family law, human rights, civil liability, insurance, dealings between spouses and social aid. They are intended to inform and to prevent undesirable situations.
Legal Briefs 2013
December
Same-sex spouses, a reality... know your rights! 
MARRIAGE
In Québec, since March 19, 2004, it has been possible for same-sex couples to marry or enter into a civil union.
As a result, in the event of a separation or divorce, same-sex couples who are married or in a civil union benefit from the various types of protection provi
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November
What is child pornography?
Perhaps you sometimes visit porn sites. So as not to commit an offence associated with child pornography, you must avoid accessing images or films that show a person who is or is depicted as being under the age of 18.
Child pornography is a crime that was added to the Criminal Code fairly recently and has quickly grown in significance since the advent of the Internet.
The relevant provisions are contained in PART V of the Criminal Code, under sections 163.1 and following.
Child pornography involves several elements. Primarily, it involves photographs, videos or films that show persons who are or are depicted as being under the age of 18 and are engaged in explicit sexual activities or it involves photographs, videos or films that expose the sexual organs or anus of a person under the age of 18 for a sexual purpose. For example, a photograph that shows two partially clothed people having sex, one of whom is under the age of 18, is a crime.
Written materials and audio recordings that present sexual activities with minors and whose dominant purpose is sexual also constitute an offence under the law, although this type of situation is probably less known to the general public.
In other words, any means of communication that exploits the sexual activities of minors may lead to criminal charges. Producing, distributing and possessing child pornography as well as accessing child pornography all constitute offences.
The Criminal Code prescribes a minimum prison sentence of six months and up, but the court can impose more than the minimum sentence, where warranted. The court can also impose orders, some of which are mandatory and others are at the discretion of the judge, including the collection of samples of bodily substances for DNA analysis, registration in the sex offender registry and the seizure of property used to commit the offence as well as an order under section 161 of the Criminal Code prohibiting contact with persons under the age of 18.
Clearly, sentences for child pornography are severe and are intended to dissuade, so as to protect young people under the age of 18.
Don't forget! Ignorance of the law is no excuse!
Legal brief *
November
2013
Number
16
Text prepared by Me Daniel Gravel avocat au bureau d’aide juridique de Chicoutimi
* The information set out in this document is not a legal interpretation.
The masculine is used to designate persons solely in order to simplify the text.
October
HAS - Homologation assistance service for agreements
The HAS is intended for parties who wish, for whatever reason, to modify arrangements pertaining to child custody or access rights or to support involving a child or a child and a former spouse, where the parties have previously obtained a judgment with respect to child custody or support. Only peop
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September
How can a decision of the Régie du logement be executed?
Martin sued his landlord before the Régie du logement for damages and to force him to make repairs to his dwelling. After a lengthy legal battle, Martin obtained a judgment in his favour granting him $1,500 in damages.
Now, Martin is wondering what to do in order to collect the sums owed to h
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June
Can I be compensated by the IVAC and also sue my attacker?
Joëlle was the victim of a violent crime that caused her serious injuries, some of which will never heal. Her attacker was caught and she is therefore thinking about taking him to court in order to be compensated for the harm she suffered. In addition, Joëlle was informed by the investigators in cha
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May
Misconduct and employment insurance
Section 30 of the Employment Insurance Act1 stipulates that a person cannot receive employment insurance benefits if they lose their job because of their misconduct or if they voluntarily leave their job without just cause. The notion of misconduct has been defined in the case law
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May
The obligation of support for spouses
Marie and Robert have been married for 25 years. During their marriage, Robert worked as an engineer in a well-known company and, on average, earned $150,000 a year. Marie stayed home to look after their three children and their home. During this time, Marie never held a paying job, because she was
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April
The IVAC says I’m the author of my own misfortune – What can I do?
Pierre-Olivier occasionally uses illegal drugs. One day, he asks a friend to get him some drugs for a party he is organizing at his home that weekend. During a meeting a few hours after the transaction, the two men get into a verbal argument about an old love feud that goes back several years. While
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March
Repossession of the dwelling by the landlord
Marc and Claudia have been tenants in the same dwelling for the past 10 years. Two days ago, they received a notice of repossession of the dwelling from their landlord.
The landlord informed them that he will repossess their dwelling at the end of the lease, so his 18-year-old son, who is a f
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March
I was injured at work - What should I do?
Nowadays, people are quite familiar with the program of the CSST (Commission de la santé et de la sécurité du travail) and know that they can claim benefits from this agency if they are injured at work. However, when filing an application, many people approach the process rather clumsily, both as re
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February
Child support
Arthur and Marine had been living together for 5 years. They had two children, Philippe and Frédéric.
For some time, things between them had not been going well and they decided to separate. They therefore each found a new place to live and agreed that Marine would have custody of the childre
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January
My neighbours are too noisy.What are my rights?
You've been living for a short while in an apartment that seemed to be a peaceful haven when you visited the premises before signing the lease. Now, however, you are being disturbed by neighbours who have little respect for your peace and quiet. They turn up the music, even late at night, slam doors
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January
Psychosocial assessments in family matters:Part of the Evidence
A psychosocial assessment is an assessment performed by a specialist in social sciences. It is a complete and unbiased assessment of the family and social situation of a child about whom there is a court dispute involving custody or visitation rights.
The purpose of the expert assessment is t
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