| Contact us @  |   Aa  ⇧ Français         
 
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

  Month
Number
Legal brief
November
 18
Can I serve my sentence in the community? This hypelink opens a PDF file in a new window.

THE FACTS

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
more
November
 17
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
October
 16
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
October
 15
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
September
 14
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
September
 13
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
June
 12
My right to privacy has been violatedThis hypelink opens a PDF file in a new window.

THE FACTS

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

June
 11
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
May
 10
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’s will, can a judge go as far as ordering that a person be placed in a detoxification centre?

THE FACTS

A 19-year-old man suffered from mental health problems: schizophrenia and an antisocial personality disorder. In addition, he had a severe drug addiction problem. The psychiatrist and the social worker who were dealing with the young man believed that it would be beneficial and advisable that he stay in a detoxification centre to solve his addiction problem. However, the young man categorically refused to be placed in a detoxification centre and stated that he could stop taking drugs on his own. He had enrolled in CEGEP and was worried that a long-term stay in a detoxification centre would prevent him from pursuing his studies. Under these circumstances, the hospital went to court asking the court to order the young man to submit to care for a period of three years. The issue in dispute dealt solely with his placement in a detoxification centre, given that the young man did not seem to be refusing to take the medication prescribed for his medical condition.

THE ISSUE

Was the young man incapable of consenting to care? If so, was the proposed care advisable and beneficial in the circumstances?

THE DECISION

The motion for authorization to administer care was granted in part.

THE GROUNDS

The Civil Code of Québec states that no one may be made to undergo care without his or her prior free and enlightened consent. It should be noted that the courts in Québec equate placement with care. If the individual targeted by the application is unfit and categorically refuses the care, the court’s authorization is required before treatment can be administered. When faced with such an application, the court must first rule on the individual’s capacity to consent to the care according to certain criteria, such as the person’s understanding of the nature of his illness, the nature and purpose of the treatment as well as the risks and advantages of undergoing or not undergoing treatment. Lastly, the court must determine whether the person’s ability to understand is affected by his illness.

In the present case, the judge concluded that the evidence presented to him proved that the young man was unfit to consent to care, in particular, because he did not seem to understand the nature of his illness, the purpose of the treatment or the risks of not receiving treatment. The fact that he did not think he needed help in order to stop consuming drugs led the court to conclude that he was incapable of consenting. Evidence had been presented to the effect that, even when hospitalized, the young man had succeeded in obtaining and consuming drugs. In this regard, the judge emphasized that the young man was in denial about his situation. In the court’s opinion, the fact that the young man might miss a year of school if he were placed in a detoxification centre was not an overriding argument.

Given the evidence of his incapacity and proof that the care was advisable and would be beneficial to the young man, the court granted the motion. However, the judge considered that the order should be for a period of 18 months rather than three years. She justified the reduced time period on the basis that this was the first order to be issued. Accordingly, the young man was to be placed in a detoxification centre and once his therapy was complete, he was to be placed in a location tailored to his needs for the balance of the order.

References
Centre hospitalier universitaire de Québec v. T.R., Québec Superior Court (C.S.)., 200-05-018725-080, November 18, 2008, Judge Suzanne Hardy-Lemieux (EYB 2008-15087; www.jugements.qc.ca)

Institut Philippe-Pinel v. A.G., Montreal Court of Appeal (C.A.), 500-08-000021-933, October 17, 1994, Judges Delisle, Beauregard and Steinberg (EYB 1994-64538; www.jugements.qc.ca)

Civil Code of Québec, (S.Q. 1991, c. 64), article 16 and articles 10 et seq.


Legal brief *
May  2010
Number  10
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.
May
 09
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
April
 08
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
April
 07
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
March
 06
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? more
March
 05
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
February
 04
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
Februay
 03
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
January
 02
Can wearing tinted eye glasses at night reduce vision quality? This hypelink opens a PDF file in a new window.

THE FACTS

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

January
 01
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