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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 2013

  Month
Number
Legal brief
December
 17
Same-sex spouses, a reality... know your rights! This hypelink opens a PDF file in a new window.

MARRIAGE

In Québec, since March 19, 2004, it has been possible for same-sex couples to marry or enter into a civil union.


As a result, in the event of a separation or divorce, same-sex couples who are married or in a civil union benefit from the various types of protection provided for at law, including the family patrimony, matrimonial regimes and, in certain cases, the right to support payments. The rules applicable to married couples or couples in a civil union are the same for everyone, whether or not they are a same-sex couple.

CHILDREN

Nowadays, many same-sex couples want to have children. For women, there is a process referred to as a “parental project”, which is defined in article 538 of the Civil Code of Québec. In practical terms, this means that a couple comprised of two women can mutually decide to have a child. Conception can take place through medically assisted procreation (artificial insemination in a clinic) or through so-called “friendly” procreation, that is, through sexual intercourse. In the second case, the “good Samaritan” must understand and accept the two women’s parental project, that is, the fact that they will be the child’s parents. Nonetheless, “good Samaritans” can have their bond of filiation established through a judicial recourse undertaken within one year following the birth.


After the child is born, both women comprising the couple can be declared to be the mothers of the child by indicating their names on the declaration of birth sent to the Registrar of civil status.


For a couple comprised of two men, a parental project is not possible, because they would have to resort to the help of a surrogate, which is currently illegal (art. 541 of the Civil Code of Québec). Adoption is their only choice. One spouse can adopt the child of the other spouse or both spouses can adopt as a couple under the conditions provided for by law, two options that are also available to couples composed of two women.


Same-sex parents have the same rights and obligations towards their children as all other parents.

DE FACTO SPOUSES

Same-sex de facto spouses have the same rights as opposite-sex de facto spouses. For example, if one spouse dies, the other could receive the surviving spouse’s pension paid by the Régie des rentes du Québec, based upon how long they cohabited.
Same-sex spouses who are receiving last resort financial assistance must inform the Ministère about their marital situation. Like opposite-sex spouses, after one year of cohabitation, they will be considered to be spouses and will receive benefits accordingly.


Legal brief *
December  2013
Number  17
Text prepared by   Me Caroline Simard,avocate au bureau d’aide juridique de Jonquière
 
* 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.
November
 16
What is child pornography? This hypelink opens a PDF file in a new window.
Perhaps you sometimes visit porn sites. So as not to commit an offence associated with child pornography, you must avoid accessing images or films that show a person who is or is depicted as being under the age of 18.

Child pornography is a crime that was added to the Criminal Code fai
more
October
 15
HAS - Homologation assistance service for agreements This hypelink opens a PDF file in a new window.
The HAS is intended for parties who wish, for whatever reason, to modify arrangements pertaining to child custody or access rights or to support involving a child or a child and a former spouse, where the parties have previously obtained a judgment with respect to child custody or support. Only peop more
September
 14
Why is social assistance forcing me to institute proceedings for support? This hypelink opens a PDF file in a new window.
Marie is a single mother; Simon has been separated from his wife for five years; Paul has been divorced for a few years; Chantale is an 18-year-old who could not get along with her parents, left school and the city of Chicoutimi, where she was born, and moved to Montreal to look for work. All of the more
September
 13
How can a decision of the Régie du logement be executed? This hypelink opens a PDF file in a new window.
Martin sued his landlord before the Régie du logement for damages and to force him to make repairs to his dwelling. After a lengthy legal battle, Martin obtained a judgment in his favour granting him $1,500 in damages.

Now, Martin is wondering what to do in order to collect the sums owed to h
more
June
 12
Who will receive the Canada child tax benefit in the event of a breakup? This hypelink opens a PDF file in a new window.
The Canada Child Tax Benefit (the “CCTB”) is a tax-free monthly payment made to eligible families to help them with the cost of raising children under the age of 18.

To be eligible for the CCTB, you must meet each of the following conditions:

  1. You must live with the child and th more
June
 11
Can I be compensated by the IVAC and also sue my attacker? This hypelink opens a PDF file in a new window.
Joëlle was the victim of a violent crime that caused her serious injuries, some of which will never heal. Her attacker was caught and she is therefore thinking about taking him to court in order to be compensated for the harm she suffered. In addition, Joëlle was informed by the investigators in cha more
May
 10
Misconduct and employment insuranceThis hypelink opens a PDF file in a new window.
Section 30 of the Employment Insurance Act1 stipulates that a person cannot receive employment insurance benefits if they lose their job because of their misconduct or if they voluntarily leave their job without just cause. The notion of misconduct has been defined in the case law more
May
 09
The obligation of support for spousesThis hypelink opens a PDF file in a new window.
Marie and Robert have been married for 25 years. During their marriage, Robert worked as an engineer in a well-known company and, on average, earned $150,000 a year. Marie stayed home to look after their three children and their home. During this time, Marie never held a paying job, because she was more
April
 08
Wasting of property : Consequences during the partition of the Family Patrimony This hypelink opens a PDF file in a new window.
You have been married to Pierre for 20 years. You left him due to his gambling problem. He admitted to you that he was going to the Montreal Casino on a daily basis. Two months before your separation, you noticed that Pierre had withdrawn everything from his RRSP, an amount of $20,000. As for you, y more
April
 07
The IVAC says I’m the author of my own misfortune – What can I do? This hypelink opens a PDF file in a new window.
Pierre-Olivier occasionally uses illegal drugs. One day, he asks a friend to get him some drugs for a party he is organizing at his home that weekend. During a meeting a few hours after the transaction, the two men get into a verbal argument about an old love feud that goes back several years. While more
March
 06
Repossession of the dwelling by the landlord This hypelink opens a PDF file in a new window.
Marc and Claudia have been tenants in the same dwelling for the past 10 years. Two days ago, they received a notice of repossession of the dwelling from their landlord.

The landlord informed them that he will repossess their dwelling at the end of the lease, so his 18-year-old son, who is a f
more
March
 05
I was injured at work - What should I do?This hypelink opens a PDF file in a new window.
Nowadays, people are quite familiar with the program of the CSST (Commission de la santé et de la sécurité du travail) and know that they can claim benefits from this agency if they are injured at work. However, when filing an application, many people approach the process rather clumsily, both as re more
February
 04
Child supportThis hypelink opens a PDF file in a new window.
Arthur and Marine had been living together for 5 years. They had two children, Philippe and Frédéric.

For some time, things between them had not been going well and they decided to separate. They therefore each found a new place to live and agreed that Marine would have custody of the childre
more
February
 03
I am being refused CSST benefits because I allegedly have a 'pre-existing condition'... Do I have a recourse? This hypelink opens a PDF file in a new window.
Brigitte had worked for the same employer for several years as a maintenance employee. She had never had health problems and even led a very active lifestyle. One morning, her employer asked her to clean premises that were particularly dirty after a party.

She and a co-worker began to clean t
more
January
 02
My neighbours are too noisy.What are my rights?This hypelink opens a PDF file in a new window.
You've been living for a short while in an apartment that seemed to be a peaceful haven when you visited the premises before signing the lease. Now, however, you are being disturbed by neighbours who have little respect for your peace and quiet. They turn up the music, even late at night, slam doors more
January
 01
Psychosocial assessments in family matters:Part of the EvidenceThis hypelink opens a PDF file in a new window.
A psychosocial assessment is an assessment performed by a specialist in social sciences. It is a complete and unbiased assessment of the family and social situation of a child about whom there is a court dispute involving custody or visitation rights.

The purpose of the expert assessment is t
more
 
© Commission des services juridiques Création: Diane Laurin - 2017