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 2012
December
Help! I signed something ... and now I regret it!
You’ve just purchased goods from an itinerant merchant (often referred to as a travelling salesman) who interrupted you at home while you were watching your favourite TV show. You regret making the purchase and would like to cancel it. You should know that, under the Consumer Protection Act,<
more
November
He wants to sponsor his cuban princess
The Facts
Jean-Claude, a youthful and divorced 60-year-old retiree, is fascinated by Cuban culture, particularly its performing artists. During his first trip to Cuba, three years ago, he met his soul mate, Maria, an outstanding dancer who was 25 years old and sing
more
November
Employment insurance and quitting: Are they incompatible?
Employment insurance legislation stipulates that a person cannot receive benefits if they are without a job due to their misconduct or if they voluntarily leave their job without just cause.
If you quit your job, you may still be able to receive benefits if you can prove that, under the circu
more
October
The role of the child's lawyer
For a number of years, children have had the right to be represented by a lawyer in youth protection hearings involving them before the Court of Québec, Youth Division.
A lawyer who represents a child in these circumstances cannot simply do as he pleases. There are three situations to conside
more
October
The importance of having a will
Having a will is important, because without one, it is the Civil Code of Québec that will determine who receives your property. You can read about the rules for the transmission of property when someone dies without a will on the Justice Québec website, in the section entitled “Successions”.<
more
September
Young persons: Arrest and the right to a lawyer
Like all citizens, young persons between the ages of 12 and 17 who are arrested or held in custody by the police in connection with an offence have the right to be informed of the reasons for their arrest, their right to remain silent and their right to obtain immediate assistance from a lawyer, and
more
June
Can the DYP place my child for a long time?
The Youth Protection Act (YPA) requires the Director of Youth Protection (DYP) to carry out an investigation when a credible report is made that a child has been abandoned, neglected or psychologically, sexually or physically abused, or if a child has serious behavioural problems that the par
more
June
You have received a notice of rent increase: what should you do?
A notice of rent increase must not be an indirect means to evict a tenant. You have the right to remain in your premises and have your lease renewed automatically.
When a lease is being renewed, the landlord can modify the amount of the rent. In a twelve-month lease, the landlord must give a
more
May
I just found out that I am not my child's father
Mario and Joanie have been living together for several years and have a child together. The birth certificate of the child, whose name is Vincent, indicates Mario and Joanie as his parents. The couple separates when Vincent is seven years old. Despite the separation, Mario continues to take care of
more
May
Deprivation of parental authority and adoption
The Civil Code of Québec confirms that fathers and mothers have the rights and duties of custody, supervision and education of their children; this is a core natural principle.
This parental authority allows parents to look after their children by exercising these rights and duties, wh
more
April
Can my spouse adopt my child
The reality of today’s families and the fact that many parents will be part of more than one couple during their lifetime is not without its repercussions on their children. These children will have several parental figures during their childhood. Family law lawyers have noted a new upsurge in the number of parents who would like their new spouse to adopt their children. Although such an adoption is possible, the new spouse must satisfy certain conditions, including:
• be at least 18 years old;
• be married to or in a civil union with the mother or father of the child to be adopted or have cohabited with that person for at least three (3) years;
• have obtained a special written consent to the adoption from the parents appearing on the child’s birth certificate;
• have obtained the child’s consent if the child is 10 years old or older.
Thirty days after the special consent to the adoption has been signed, the parent and his or her new spouse must present an application for an order placing the child in their charge. The placement order may range from three to six months in length, depending on the situation. After the expiry of that period of time, the application for adoption must be presented before a judge who will investigate the matter and render a decision.
In addition to the basic conditions described above, before the judge rules on an adoption application, he must ensure that the decision he renders will be in the best interests of the child and respect the child’s rights. It should be noted that, when a special consent to adoption is given, the director of youth protection (DYP) is not involved in the legal adoption process. Consequently, the adopters are not required to undergo a psychosocial assessment by the DYP.
Even if the child has adapted to the new spouse and has consented to being adopted, the judge may refuse the adoption if he concludes that it would not be in child’s interests, including if the person who wishes to adopt the child failed to fulfil his or her own parental responsibilities towards other children from a previous union or if the evidence tends to show that in the event of a breakup between the adopting spouse and the mother of the child, the adopting spouse would abandon the child.
Judges are sensitive to children’s needs and to the wishes of parents, but the courts will not grant applications for adoption by a new spouse at any cost.
Legal brief *
April
2012
Number
01
Text prepared by Me Charlène Perron, avocate au bureau d’aide juridique de La Baie
* 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.