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 2020

  Month

Number

Legal brief

November

 9

Writing your advance medical directives

What do we really mean by advance medical directives?

In everyday life, when you need medical care, the doctor must ask for your permission before treating you.

The government has put a new system into place so that you can decide, as of right now, whether or not you wish to receive treatment in the future, should you be unable to authorize it, for example, if you are in a coma or suffering from Alzheimer's disease.

You can therefore plan these decisions in advance, instead of leaving the burden to your loved ones in case of illness or accident. 

This procedure is different from asking for physician-assisted dying. 

The Régie de l'assurance maladie du Québec has prepared and made available a form in which you can indicate your advance medical directives. The Régie de l'assurance maladie du Québec has identified five treatments you may refuse. With this document, you can notify hospital health care staff whether or not you accept those treatments, namely:

• Cardiopulmonary resuscitation;
• Respirator-assisted ventilation;
• Dialysis treatment;
• Forced or artificial feeding;
• Forced or artificial hydration.

Advance medical directives can be made by downloading the form from the Régie de l'assurance maladie du Québec website¹ or by calling 1-800-561-9749. You will then have to fill out the form, give it to your doctor or a relative, or return it to the Régie de l'assurance maladie du Québec. By returning the form directly to the Régie de l'assurance maladie du Québec, you will ensure that a note is placed in your medical file. If you are admitted to hospital in the event of an accident and you are unable to give your consent to care, the health care staff has an obligation to consult your file and follow your directives. That way, you can avoid a medical struggle.

Finally, you should note that organ donations will always be possible and that the care needed to ensure your comfort and relieve your pain will always be given to you.

Naturally, our situation and needs can change over time. Therefore, as long as you are still competent, you can change or cancel your advance medical directives at any time.

¹ https://www.ramq.gouv.qc.ca/en/citizens/health-insurance/issue-directives-case-incapacity

Legal brief *
November  2020
Number  9
Text prepared by   Me Jean Théberge
 
* 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

 8

The Régie du logement becomes the Tribunal administratif du logement. Besides the name change, what does this mean?

On August 31, 2020, the Régie du logement became the Tribunal administratif du logement.


Beyond a simple name change, have there been any changes to the way the Tribunal operates? more

August - September

 7

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 more

June - July

 6

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 $ more

May

 05

What have the courts ruled about Covid-19, shared custody, rights of access and the return to school?

The Covid-19 pandemic has turned the daily lives of the entire Québec population upside down, especially that of blended and separated families. This situation has brought its share of concerns and questions to parents of children in shared custody as well as parents whose children have access right more

April

 4

Is a summer day camp required to integrate a disabled child in the camp?

Patrick and Marie-Pierre want to enroll their disabled child in the summer day camp offered in their municipality. Their child must take medication during the day, which he cannot administer on his own. He also needs hygienic care. Can the day camp refuse to register him based on these reasons? more

March

 3

Do pictograms have the force of law?

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 more

February

 2

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 more

January

 1

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 more

 

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