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 2021

  Month

Number

Legal brief

December

 10

The age of consent for sexual activities

In Canada, the age of consent for sexual activities is 16. This means that, subject to certain exceptions, a person under the age of 16 cannot consent to sexual activities. It is important to know that the term “sexual activities” includes all activities of a sexual nature (kissing, touching a part more

Novembre

 9

Participating in an Offence: Encouraging and Aiding

John, Felix and Annabelle are talking to each other as they leave school. Felix is thinking about stealing a bag of chips from the local convenience store.

John encourages him to do it and then leaves to go home.

Felix and Annabelle enter the convenience store. They agreed that Annabel more

Octobre

 8

The Youth Protection Act and Its Placement Periods

One of the objectives of the Youth Protection Act is that a child be able to remain with his family or be able to return to his family as soon as possible, if it is in the child’s best interests. At what point does one determine that the objective of returning a child to his family is no long more

August - September

 7

HAS or SARPA, which applies to me?

Homologation assistance service (HAS)

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 more

June - July

 6

Nicole and Raymond own a family home and have money in their bank account. Are they financially eligible for legal aid?

Nicole and Raymond have been living together for over a year. Raymond works at the village hotel as a waiter. Nicole occasionally babysits. They have a combined annual gross income of $40,100. They have no children. They own a family home worth $110,000, which is fully paid off. They have $6,000 in more

May

 5

Moving and the New Divorce Act

The new Divorce Act (hereinafter the “Act”), which came into force on March 1, 2021, governs moves by separated persons with parenting time or decision-making responsibilities in respect of a child of the marriage. There are two regimes that distinguish between a change in the place of residence and a relocation. 


Change in the place of residence
Section 16.8 of the Act sets out the regime applicable to a change in the place ofresidence. The person moving must give a written notice to any other person who has parenting time, decision-making responsibility or contact under a contact order in respect of the child. The notice must set out the expected date of the change, the new address and the new contact information of the person or child, as the case may be.

In exceptional cases, the court may provide that these requirements will not apply, such as where there is a risk of family violence. This exception also applies in the case of a relocation.


Relocation
In the case of a relocation, the person who wants to move must give a written notice to any other person who has parenting time, decision-making responsibility or contact under a contact order in respect of the child or pursuant to the institution of proceedings. These new obligations are described in sections 16.9 to 16.96 of the Act.

The definition of “relocation” is included in section 2(1) of the Act and reads as follows:

relocation means a change in the place of residence of a child of the marriage or a person who has parenting time or decision-making responsibility — or who has a pending application for a parenting order — that is likely to have a significant impact on the child’s relationship with:

• (a) a person who has parenting time, decision-making responsibility or an application for a parenting order in respect of that child pending; or;

• (b) a person who has contact with the child under a contact order;(déménagement important)

The notice of relocation form is already available on the Government of Canada’s Department of Justice website.¹ The notice must be sent at least 60 days before the expected relocation date and must set out the expected relocation date, the address of the new place of residence and contact information of the person or child, a proposal as to how parenting time, decision-making responsibility or contact could be exercised and any other information prescribed by the regulations.


The relocation can take place if there is no objection within 30 days of receipt of the relocation notice and there is no order prohibiting the relocation.


Only persons who have parenting time or decision-making responsibility in respect of the child can object to the relocation. The two ways of objecting to a relocation are set out in section 16.91(1) of the Act. 


The person who wishes to object can fill out the objection to relocation form which is available on the Government of Canada’s Department of Justice website.² In the form, the person objecting must set out the reasons for the objection, the person’s views on the proposal for the exercise of parenting time, decision-making responsibility or contact that is set out in the notice and any other information prescribed by the regulations. If no agreement is reached following receipt of the notice of objection to relocation, the person who wishes to relocate will have to apply to the court.


Alternatively, upon receiving the notice of relocation, the person who objects may choose to file an application with the court under sections 16.1(1) and 17(1)(b) of the Act. 


If you want to know your rights when faced with a planned move or a notice regarding a move, don’t hesitate to make an appointment at your nearest legal aid office.

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¹ https://www.justice.gc.ca/eng/fl-df/divorce/nrf-fad.html

² https://www.justice.gc.ca/eng/fl-df/divorce/orf-fod.html


To find the contact information for your legal aid office, please visit our website at www.csj.qc.ca.

Legal brief *
May  2021
Number  5
Text prepared by   Me François Lacoursière
 
* 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.

April

 4

Buying a Vehicle and Third Chance Credit

You’ve been unlucky and you have bad credit. You’ve just declared bankruptcy and are unable to find financing. In these situations, it can be tempting to go to a car dealership offering a second or even third chance at credit, especially since their advertising indicates that no one is refused!
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March

 3

How Can I Intervene in the Case of a Child Who is Dear to Me When a Hearing in the Youth Division is Scheduled?

First of all, you should know that a child’s file in the Court of Québec – Youth Division is highly confidential. You cannot consult it or obtain information unless you are a party to the case.

Only the child, the child’s father (legally recognized), the child’s mother and the repre more

February

 2

The Right to Remain Silent

The presumption of innocence: It’s a fundamental principle of the Canadian justice system pursuant to which an accused is presumed innocent until proven otherwise, that is, until the person themselves admits their guilt or, at trial, the prosecution shows their guilt beyond a reasonab more

January

 1

How is Child or Spousal Support Paid?

Henriette and Léopaul have three children. After living together for 12 years, they split up. Following a few mediation sessions, both parents agree that Léopaul will have sole custody of the three children since Henriette has a job that requires her to travel out of town for varying periods of time more