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 2020
August - September
Sentencing, aboriginal offenders and Gladue reports
Criminal law is based on the premise that criminal liability only follows from voluntary conduct. In this regard, the sentence, which is the legal consequence of the crime for which a person is responsible, must be proportionate to the gravity of the offence and the degree of responsibility of
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June - July
George owns a house and has money in his bank account. Is he financially eligible for legal aid?
George is married to Theresa and they have four minor children. George works as a part-time employee for a transportation company. Theresa is a teacher and also works part-time. They have a combined annual gross income of $39,200. George and Theresa own their family residence, which has a value of $100,000 and is fully paid. They have $6,000 in their joint bank account. George has been accused of committing a crime and wants to be represented by a lawyer. He wonders whether he is financiallyeligible for legal aid.
It is important to remember that there are two ways to qualify for legal aid: at no cost or in return for the payment of a maximum contribution of $800.
To obtain free legal aid, George’s family must satisfy the following three conditions:
1- Scale of annual (gross) income:
Gross income must not exceed the following amount for
Spouses with two children or more: $39,097
2- Scale of property owned:
The value of property owned must not exceed
$90,000, if the residence is owned
$47,500, if the residence is not owned
3- Scale of liquidities:
The value of liquidities must not exceed
$5,000 for a family
$2,500 for a single person
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Even though the financial situation of George and his family exceeds the three scales mentioned above (income, property and liquidities), George may nevertheless be eligible for legal aid in return for the payment of a contribution.
The following is the calculation method that applies. First, we must determine which class of applicant George falls into. The Regulation respecting legal aid states that there are six classes of applicants. George falls into the class of a family composed of spouses with two children or more.
The following amounts must then be added to the amounts provided for in the scales mentioned above:
100 % of the excess income
10 % of the excess property
100 % of the excess liquidities
The total amount represents the deemed income used to determine whether George is eligible for legal aid in return for the payment of a maximum contribution.
Here are the detailed calculations for George:
Scale (free legal aid) Spouses with two children or more -> $39,097
100% of the excess income ($39,200 - $39,097) -> $103
10% of the excess property ($100,000 - $90,000) -> $1,000
100% of the excess liquidities ($6,000 - $5,000) -> $1,000
Deemed income -> $41,200
The legal aid scale below (which is also found on the Web site of the Commission des services juridiques) indicates that George is eligible for legal aid in return for a maximum contribution of $400.*
Family composed of spouses with two children or more
Income Contribution level
from $39,098 to $41,036 -> $100
from $41,037 to $42,975 -> $200
from $42,976 to $44,913-> $300
from $44,914 to $46,852 -> $400
from $46,853 to $48,791 -> $500
from $48,792 to $50,730-> $600
from $50,731 to $52,668 -> $700
from $52,669 to $54,608 -> $800
Don’t hesitate to have your eligibility for legal aid evaluated by making an appointment at a legal aid office near you.
To find the contact information for your legal aid office, please visit our Web site at www.csj.qc.ca .
* The director general can, under certain conditions, agree that the contribution will be paid in several instalments. The total period for such instalments cannot exceed 6 months.
Legal brief *
June - July
2020
Number
6
Text prepared by CSJ
* 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.
March
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When a person disobeys a pictogram (a drawing) that indicates that persons have to hold the handrail of an escalator at a metro station, the person does not, in all cases, commit an offence under a by-law.
A woman was arrested by a police officer emplo
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February
Are minors eligible to legal aid?
Minors (under 18 years of age) who need legal representation may be eligible for legal aid. Just make an appointment with a legal aid lawyer to have their admissibility checked.
Financial eligibility
The following factors are taken into ac
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January
HAS or SARPA, which applies to me?
The Homologation Assistance Service is intented for parties residing in Quebec who wish, for whatever reason, to modify arrangements pertaining to child custody or access rights or support involving a child or spouse (or former spouse), where the par
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