| Contact us @  |   Aa  ⇧ Français         
Click to search
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 2010

Legal brief
Can I serve my sentence in the community? This hypelink opens a PDF file in a new window.


After a night of partying during which the accused consumed some alcohol, the accused, an 18-year-old, decided to drive his friends home. He only had seven weeks of experience as a licensed driver and knew that his vehicle was not in good condition. According to the evidence, he dr
Should you prepare a mandate in the event of incapacity? This hypelink opens a PDF file in a new window.
With our aging population and increasing life span, there is, unfortunately, a very real possibility that we will suffer an illness or accident. Should you prepare a mandate in the event of incapacity? more
Do I have the right to see my grandchildren?This hypelink opens a PDF file in a new window.
I would like to see my grandchildren, but the mother of the children is against it. What are my recourses as a grandparent? more
Am I entitled to a disability pensionThis hypelink opens a PDF file in a new window.
I have had serious health problems for years and I’m not 60 years old yet. I am unable to work. Am I entitled to a disability pension? more
I want to have my father's will annulledThis hypelink opens a PDF file in a new window.
Your father informs you that you are one of the legatees named in his will as an heir. Shortly before his death, he changes his will and bequeaths all his property to someone else. Can you have this will, which you believe is unfair, annulled? more
I have to resiliate my lease due to my loss of autonony This hypelink opens a PDF file in a new window.
I have lost my autonomy and I have a medical document confirming that I have to move into premises adapted to my needs. What should I do? more
My right to privacy has been violatedThis hypelink opens a PDF file in a new window.


While helping lift an obese patient from her chair, a worker felt a fierce burning sensation and shooting pain in her back, on the left side, and experienced difficulty lifting her left arm. In May 2005 she was diagnosed with a cervicodorsal sprain which was consolidated in Nove more

My property has been seizedThis hypelink opens a PDF file in a new window.
As a result of unpaid debts, can a creditor seize all the moveable property in a residence? more
A court has ordered that I be placed in a detoxification centre This hypelink opens a PDF file in a new window.
In principle, every person is free to accept or refuse to submit to health care. Exceptionally, a hospital centre may go to court to compel an unfit person to receive treatment despite the person’s categorical refusal, that is, against the person’s will. When dealing with treatment against a person’ more
A police officer has asked my child for his version of the facts This hypelink opens a PDF file in a new window.
A youngster has been arrested and the police officer has asked him for his version of the facts. What are his rights? more
I am not dangerous: When will my confinement in an institution end? This hypelink opens a PDF file in a new window.
An individual suffering from mental illness may be placed in confinement in a health care institution if he presents a danger to himself or to others due to his mental state. However, if the individual in question opposes the confinement, a court authorization is required. In order to obtain such an more
My youngster is guilty of roberyThis hypelink opens a PDF file in a new window.
An offender is convicted of robbery. What is the best judicial decision for this youngster? more
For how long can I be obliged to remain in a residential facility? This hypelink opens a PDF file in a new window.
What is the maximum duration of a residential placement order forcing a person to live in a residential facility? What happens if the person contemplated in the residential placement order suffers severely from various health problems, including a degenerative disease with irreversible consequences?


A judge of the Superior Court issued a residential placement order against the individual in question without specifying how long she would have to remain in the facility, and she opposed the order. The Public Curator of Québec believed the judge had committed an error and brought the case before the Québec Court of Appeal. It should be noted that the individual in question suffered from several health problems, including diabetes, high blood pressure and obesity. Following a stroke, she had also developed dementia which caused her to suffer memory loss. She lived with her mother, who was 86 years old and also suffered from dementia.

The individual in question categorically refused to leave her home and go live in a residential facility that would be better suited to her medical condition. According to her doctors, she was incapable of consenting to, or refusing the care required by her state of health. Given her incapacity and her categorical refusal, the hospital filed a motion to have her placed in a residential facility without, however, specifying how long the care would be necessary. The appeal dealt solely with the duration of the residential placement order.


Did the judge of first instance commit an error by failing to set a time limit for the residential placement order?


The appeal was allowed.


The medical evidence revealed that the dementia from which the individual suffered was an irreversible degenerative disease. Given that her condition would not improve, but, on the contrary, might deteriorate, the judge of first instance had agreed to issue a residential placement order without setting a time limit.

Conversely, the judges of the Court of Appeal were of the opinion that it would have been appropriate to set a time limit for such an order. According to them, the spirit of the law requires the courts, not the players within the health sector, to set the duration of orders for care. In this regard, the courts are, in a sense, the guardians of the rights of incapable persons who are subject to such orders, because the courts can be called upon to review such cases if new applications are submitted to them at a later time. According to the Court of Appeal, [TRANSLATION] “the only real way in which a court can ensure it fulfils its mission is to set a time limit for its order. In this way, it can ensure that the person will not fall between the cracks.”

Despite the fact that the individual’s condition was irreversible, the Court of Appeal set a time limit of three years for the residential placement order. Upon the expiry of that time period, the hospital would still have the option to file a new application, if necessary.

Le Curateur public du Québec v. Centre de santé et de services sociaux de Laval and N.D., 2008 QCCA 833, Court of Appeal (C.A.) 500-09-018216-077, May 5, 2008, Judges Chamberland, Morin, and Rochon. (www.jugements.qc.ca)

Civil Code of Québec, (S.Q. 1991, c. 64), section 16.

Charter of Human Rights and Freedoms, (R.S.Q., c. C-12).

Legal brief *
March  2010
Number  06
Text prepared by   Le jugement dont il est question dans cette chronique a été rendu en fonction des éléments de preuves soumis au tribunal. Chaque situation est particulière. Dans le doute, nous vous suggérons de consulter un avocat de l’aide juridique. / The jugement discussed in this article was rendered based on the evidence submitted to the court. Each situation is unique. If in doubt, we suggest you consult a legal aid lawyer.
Update by   Commission des services juridiques
* 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.
I refuse to let my child have a blood transfusion This hypelink opens a PDF file in a new window.
Can parents refuse to let a doctor give a blood transfusion to their minor child on religious grounds? more
Is my confinement in an institution necessary? Am I dangerous? This hypelink opens a PDF file in a new window.
In matters of confinement in an institution, judges are called upon to decide on a person’s dangerousness to himself or to others due to his mental state. Dangerousness is the only criterion on which a court must base itself in order to confine an individual in a hospital against his will. How do ju more
I lost my job due to family obligations This hypelink opens a PDF file in a new window.
You leave your job to go to Guinea to stay with your father who is seriously ill. In the meantime, you learn that he has died and you go to his funeral in Guinea, where you take care of your mother who is also seriously ill. Upon your return, you are refused employment insurance benefits on the grou more
Can wearing tinted eye glasses at night reduce vision quality? This hypelink opens a PDF file in a new window.


On May 24, 2007, at approximately 9:42 p.m., an individual was driving his automobile on an unlit road while wearing black-tinted eye glasses. A police officer followed him for a while and stopped him. The individual claimed that his glasses made him look “cool”. The police offi more

I live in a dwelling in low-rental housing and am frequently away from home This hypelink opens a PDF file in a new window.
You live in a dwelling in low-rental housing and are often away from home in order to visit your family and friends. Can the lessor ask for the resiliation of the lease due to the unoccupancy of the dwelling? more
© Commission des services juridiques Création: Diane Laurin - 2017