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 2021
December
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
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Novembre
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 Annabelle would chat with the clerk to distract him while Felix hid a bag of chips in his bag. As the two teenagers are about to leave, police officers, who have been alerted by the clerk, arrive on the scene.
Can Annabelle be charged with theft even if she only distracted the convenience store clerk?
What about John?
Both of them can be charged since they participated in the theft. Indeed, a person may be found guilty of an offence in any of the following cases:
- They actually commit it (Felix).
- They do or omit to do anything for the purpose of aiding any person to commit it (Annabelle).
- They abet (encourage) any person in committing it (John).
If you have any questions about this, don’t hesitate to contact a legal aid lawyer.
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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 website at www.csj.qc.ca.
Legal brief *
Novembre
2021
Number
9
Text prepared by Me Roseline Bouchard-Zee
Update 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.
Octobre
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
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August - September
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
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May
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 residenc
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April
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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February
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
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January
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
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