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 2014
November
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?
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June
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
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May
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
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February
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 still felt able to drive and since he really did not want to spend $20 on a taxi ride, he decided to drive his car home. As fate would have it, while he was on his way home, another vehicle crashed into him. The police arrived at the scene, immediately noticed signs of impairment and arrested Marc. After undergoing blood alcohol testing, with the lower of the two results being 123 mg of alcohol per 100 ml of blood, Marc was released, but he was told he would have to show up in court the following month.
Marc is wondering about the consequences of a conviction for driving a motor vehicle with a blood alcohol level above the permitted limit. Since this is the first time Marc is being charged with such an offence, if convicted he will be ordered to pay the minimum fine of $1000,1 plus the costs and the surcharge, and his licence will be suspended for one year. However, given his good driving record, after 3 months Marc will be able to apply for a restricted licence if he satisfies the SAAQ conditions,2 which include registering in the alcohol ignition interlock program. Once the alcohol ignition interlock device has been installed, he will be able to use his vehicle. The restricted licence will be valid until the end of Marc’s sentence.
The collateral consequences of this offence will cost him nearly $5,000 in the first year.3 First, following Marc's arrest, his licence was administratively suspended for 90 days and his vehicle was towed ($100) and stored. To obtain his new licence, he will have to participate in an Alcofrein session ($150) and submit to a summary assessment ($300) to verify that his behaviour involving alcohol is not incompatible with the safe handling of a vehicle. If he obtains a restricted licence, he will be able to have an alcohol ignition interlock device installed ($160 + tax). He will have to keep the device until the end of the 9-month prohibition period, at a cost of $100 + tax per month to lease the device ($900 + tax), and he will have to have it removed ($50 + tax) when his file is closed. Marc will also have to pay $300 to obtain his new licence, and his insurer will increase his premium by about $3,000.
1Section 255 of the Criminal Code.2 SAAQ Québec website:http://www.saaq.gouv.qc.ca/en/driver_licence/restricted_licences.php[https://secure.saaq.gouv.qc.ca/documents/documentation/sites/all/files/impaired.pdf[3 SAAQ Québec website:http://www.saaq.gouv.qc.ca/en/road_safety/behaviour/alcohol/laws_penalties_costs/costs.php[
Legal brief *
February
2014
Number
02
Text prepared by Me Emmanuel Ayotte,avocat au bureau d’aide juridique de Trois-Rivières
* 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.
January
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
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