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
November
Getting married abroad
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?
Under certain conditions, the marriage of two Quebecers abroad will be valid. First, the formalities for marriage in the country in which the marriage is taking place must be respected, such as the spouses’ capacity to marry and the presence of witnesses. The conditions set out in Québec and Canadian laws must also be respected:
- The future spouses must be at least 16 years old;
- The future spouses must be in a position to give a free and enlightened consent;
- The future spouses must be free of any marital bonds. If one of them was previously married, that marriage must have been dissolved through divorce, death or annulment; and
- The future spouses must not be relatives. Thus, marriage is prohibited between a father and child, a mother and child, a brother and sister, a half-brother and half-sister, and a grandparent and grandchild.
If these requirements are satisfied, a marriage performed abroad will automatically be recognized and will result in the same rights and obligations as if it had been performed in Québec.
However, it is strongly recommended that the new spouses file an application for insertion in Québec’s register of civil status of the marriage certificate they obtained abroad. A form for doing so is available at any office of the Registrar of civil status or online at the following address:
www.etatcivil.gouv.qc.ca/en/insertion-act.html
Legal brief *
November
2014
Number
08
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.
June
The importance of respecting interim release (bail) conditions!
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
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May
The interim release hearing (bail hearing)
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 ste
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February
The consequences of an evening of too much drinking
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
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January
What can I say or do on Facebook?
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
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