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.

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Legal Briefs 2014

  Month

Number

Legal brief

November

 09

I have to move into a seniors’ residence: can I resiliate (terminate) my existing lease?

The answer is “yes,” but you must meet certain conditions and take the steps required by the Civil Code of Québec.

Thus, you must be a senior permanently admitted to:

• a residential and long-term care centre;
• a facility operated by an intermediate resource;
• a more

November

 08

Getting married abroad

Nowadays, many Québec couples are choosing to get married abroad, with “sun destinations” being their preferred location. Be it Cuba, Mexico, the Dominican Republic or anywhere else in the world, one question remains: Is a marriage performed abroad valid in Québec? more

October

 07

My landlord wants me to get rid of my dog. What can I do?

You live in an apartment with your dog. Your landlord has asked you to get rid of him and it’s breaking your heart. What can you do? more

September

 06

I am a recipient of last resort financial assistance and I have received an inheritance

Paul has been receiving last resort financial assistance (social assistance) for the past five years and receives benefits under the Social Solidarity Program because his capacity for employment is severely limited. Following the death of his great-grandmother, he learns that she has left him an amo more

June

 05

The importance of respecting interim release (bail) conditions!

A person charged with a crime is generally released and not held in custody at any point in the judicial process. This is due to the fundamental principle on which our justice system is based: the presumption of innocence. However, an accused’s liberty while awaiting trial is not always absolute and more

May

 04

The interim release hearing (bail hearing)

When an individual is arrested, he is generally quickly released by the police. If that is not the case, the individual will be brought before a judge who must determine whether or not to release him before his trial. It is important to remember that at this stage of the proceedings, as at every ste more

March/April

 03

SARPA – Service administratif de rajustement des pensions alimentaires pour enfants [Child support recalculation service]

The Service administratif de rajustement des pensions alimentaires pour enfants (SARPA) [child support recalculation service] is a purely administrative service offered to all eligible individuals, at a cost of $275. The Commission des services juridiques (CSJ) is responsible for managing this servi more

February

 02

The consequences of an evening of too much drinking

Marc is really sorry he went out on the evening of December 20th. He is a mechanic who works hard. He has a new job, with duties that require him to try out defective vehicles in order to diagnose their problems. On December 20th, he met up with some friends at a downtown bar. After a few drinks, he more

January

 01

What can I say or do on Facebook?

When Juliette gets home she is in quite a state! She can’t believe that that thieving Marie-Christine took advantage of the fact that Juliette wasn’t at Friday night’s party to hit on Nicolas, Juliette’s crush.

Juliette, who was away at a swimming competition all weekend, missed the party at Jean-Philippe’s house, to which all the cute guys from the city’s hockey team had been invited.

Therefore, it was only on Monday at lunchtime that Juliette found out that her former best friend had used the opportunity to go behind her back and hit on Nicolas, on whom Juliette had had a crush for several weeks.

But Marie-Christine’s not going to get away with it so easily! The entire school has to know that she’s a hypocrite who can’t be trusted.

Juliette therefore decides to post on her Facebook status that Marie-Christine steals guys from other girls and that she’d better watch out if she doesn’t want to get “beat up”. Juliette adds that Marie-Christine had better not show her face at school.

The following morning, Juliette is called to the principal’s office. As she enters the office, she notices the presence of police officers. In fact, the officers are there to arrest her because of the threats she made against Marie-Christine.

Juliette is in shock! She didn’t think that things said on the Internet could have such serious consequences.

It’s important to know that you can’t just write whatever you want, even if it’s on the Internet and on social networks such as Facebook.

You have the right to express yourself and give your opinion about someone or something, but without harming others.

You are responsible for what you write. Therefore, if you make threats on Facebook, this could result in criminal charges being brought against you.Don’t forget that everything you publish on the Internet can be read by many people and can be printed.

Lastly, you should remember that threats, harassment and taxing are criminal acts on the Internet and on social networks, just as they are in “real life”.

Legal brief *
January  2014
Number  01
Text prepared by   Me Gitane Smith,avocate au bureau d’aide juridique de Jonquière
 
* 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.