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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 2014

  Month
Number
Legal brief
November
 09
I have to move into a seniors’ residence: can I resiliate (terminate) my existing lease? This hypelink opens a PDF file in a new window.
The answer is “yes,” but you must meet certain conditions and take the steps required by the Civil Code of Québec.

Thus, you must be a senior permanently admitted to:
  • a residential and long-term care centre;
  • a facility operated by an intermediate resource;
  • a more
November
 08
Getting married abroadThis hypelink opens a PDF file in a new window.
Nowadays, many Québec couples are choosing to get married abroad, with “sun destinations” being their preferred location. Be it Cuba, Mexico, the Dominican Republic or anywhere else in the world, one question remains: Is a marriage performed abroad valid in Québec? more
October
 07
My landlord wants me to get rid of my dog. What can I do? This hypelink opens a PDF file in a new window.
You live in an apartment with your dog. Your landlord has asked you to get rid of him and it’s breaking your heart. What can you do? more
September
 06
I am a recipient of last resort financial assistance and I have received an inheritance This hypelink opens a PDF file in a new window.
Paul has been receiving last resort financial assistance (social assistance) for the past five years and receives benefits under the Social Solidarity Program because his capacity for employment is severely limited. Following the death of his great-grandmother, he learns that she has left him an amo more
June
 05
The importance of respecting interim release (bail) conditions! This hypelink opens a PDF file in a new window.
A person charged with a crime is generally released and not held in custody at any point in the judicial process. This is due to the fundamental principle on which our justice system is based: the presumption of innocence. However, an accused’s liberty while awaiting trial is not always absolute and more
May
 04
The interim release hearing (bail hearing)This hypelink opens a PDF file in a new window.
When an individual is arrested, he is generally quickly released by the police. If that is not the case, the individual will be brought before a judge who must determine whether or not to release him before his trial. It is important to remember that at this stage of the proceedings, as at every step of the judicial process, the accused is always presumed innocent. However, despite this presumption, there are situations in which an accused will be held in custody while awaiting his trial. There are three (3) reasons why a judge can order the interim detention of an accused and, barring an exception, it will be up to the prosecution to demonstrate to the judge that the detention is necessary for at least one of those reasons.

The first reason is that the detention is necessary in order to ensure the accused will appear in court throughout the entire proceedings. In practice, it is rather rare for an accused to be detained for this reason alone. It could happen, for example, if an accused, against whom charges have been brought, nevertheless decides to leave the country. If he is arrested upon his return, he will be brought before a judge who could order his interim detention.

Detention can also be ordered if it is necessary for the protection or safety of the public. Thus, a judge will order an accused to be held in custody where he believes that if the accused is released, he might commit a new crime or harm the administration of justice by, for example, intimidating potential witnesses. To apply this second reason for detaining an accused, the judge will assess the seriousness of the crime, the circumstances in which it was committed, the likelihood that the accused will be convicted, the relationship of the accused to the victim and the accused’s profile. The judge must therefore consider the accused’s occupation, lifestyle, criminal record, family environment and mental state as well as any other element useful to establish his profile. In practice, this is the most common reason used to detain an accused before his trial. For example, an accused with a criminal record will often be held for this reason.

Lastly, custody may be ordered if it is necessary in order not to undermine public confidence in the administration of justice. Essentially, this reason applies to individuals accused of the most serious crimes who, if convicted, are liable to serve a long prison sentence. Practically speaking, the judge must order the accused’s detention if he believes a reasonable member of the public would be shocked by the accused’s release. For example, this is often the reason used by the court to refuse the release of an individual accused of murder.

At the end of the interim release hearing, if the judge concludes that detention is necessary for at least one of the three (3) reasons, he must order that the accused be held in custody until the proceedings against him are finished. However, if he decides that detention is not justified by any of the three (3) reasons, he must release the accused.


Legal brief *
May  2014
Number  04
Text prepared by   Me Matthieu Poliquin,avocat au bureau d’aide juridique de Victoriaville
 
* 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.
March/April
 03
SARPA – Service administratif de rajustement des pensions alimentaires pour enfants [Child support recalculation service] This hypelink opens a PDF file in a new window.
The Service administratif de rajustement des pensions alimentaires pour enfants (SARPA) [child support recalculation service] is a purely administrative service offered to all eligible individuals, at a cost of $275. The Commission des services juridiques (CSJ) is responsible for managing this servi more
February
 02
The consequences of an evening of too much drinkingThis hypelink opens a PDF file in a new window.
Marc is really sorry he went out on the evening of December 20th. He is a mechanic who works hard. He has a new job, with duties that require him to try out defective vehicles in order to diagnose their problems. On December 20th, he met up with some friends at a downtown bar. After a few drinks, he more
January
 01
What can I say or do on Facebook?This hypelink opens a PDF file in a new window.
When Juliette gets home she is in quite a state! She can’t believe that that thieving Marie-Christine took advantage of the fact that Juliette wasn’t at Friday night’s party to hit on Nicolas, Juliette’s crush.

Juliette, who was away at a swimming competition all weekend, missed the party at
more
 
© Commission des services juridiques Création: Diane Laurin - 2017