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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 2015

  Month
Number
Legal brief
November
 09
Can I be financially eligible for legal aid if my spouse is not? This hypelink opens a PDF file in a new window.
The Act respecting legal aid and the provision of certain other legal services will consider you and another person to be spouses in the following three cases:

  1. You and the other person are married and you are living together;
  2. You and the other person are living together more
October
 08
I have a judgment awarding me custody of my child — can my former spouse object to me moving out of town? This hypelink opens a PDF file in a new window.
Judgments awarding custody are intended to provide children with stability. Therefore, there must be proof of significant changes before a court will intervene to modify such judgments.

In our day and age, relocations are common and may result from a number of situations, including a job oppo
more
August/Sept
 07
How to avoid the resiliation of your lease for failure to pay the rentThis hypelink opens a PDF file in a new window.
When you sign a residential lease with a landlord, your primary obligation as a tenant is to pay your rent in full when it is due. The law states that a tenant must pay his rent the first of every month, unless otherwise agreed upon with the landlord.(1) It is possible to agree with the l more
June/July
 06
Breathalyzers and impaired facultiesThis hypelink opens a PDF file in a new window.
Offences related to driving under the influence of alcohol are probably the ones most likely to affect the « ordinary » person, that is, someone without a criminal past. Unfortunately, these offences can have serious consequences which the public does not always fully grasp.

If a police offi
more
May
 05
What exactly is the Social Security Tribunal?This hypelink opens a PDF file in a new window.
On April 1, 2013, a new tribunal was created in Canada—the Social Security Tribunal—which falls under federal jurisdiction. It replaced the following four administrative tribunals: the Board of Referees, the employment insurance umpires, the Canada Pension Plan and Old Age Security review tribunals, more
April
 04
March
 03
I am a victim of spousal violence or sexual assault - can I terminate my residential lease? This hypelink opens a PDF file in a new window.
Yes. Under the Civil Code of Québec,(1) a tenant can resiliate (terminate) his residential lease if, due to the violent behaviour of a spouse or former spouse, or due to sexual aggression, even by a third party, the safety of the tenant or a child living with the tenant is threatened.

more
February
 02
Free or low-cost legal aidThis hypelink opens a PDF file in a new window.
You may be granted free legal aid if your income, property and liquid assets do not exceed the eligibility scale provided for in the Act respecting legal aid and the provision of certain other legal services and the Regulation respecting legal aid.

Even if you are above the elig
more
January
 01
Is shared custody in the best interests of your child? This hypelink opens a PDF file in a new window.
For the majority of parents who are in the process of a separation or divorce, custody of their children is often their primary concern. How can their children’s time be managed best so that they can spend as much of this precious commodity with their children?

Nowadays, many parents share childrearing tasks and activities. Consequently, when their relationship breaks down, they routinely consider the option of shared custody so they can continue being involved in their children’s lives on a regular basis.

The key benefit of this type of custody is undoubtedly the opportunity for the children to spend as much time as possible with each parent. In return, the children are required to shuttle from one home to another and to adapt to two often differing lifestyles. For some children, this causes more adjustment problems than for others.

If shared custody is being considered, it is important to note that the courts have established several criteria for assessing the appropriateness of this type of arrangement:
  • the child’s age;
  • the parental capacity of each parent;
  • the availability of the parents;
  • the educational, moral and spiritual values of each parent’s lifestyle;
  • stability;
  • the ability of the parents to communicate and the absence of significant disagreements between them;
  • the proximity of the parents’ residences;
  • the absence of parental alienation syndrome;
  • acknowledgement of the importance of contact between the child and each parent; and
  • the child’s wishes (depending on the child’s age).


If the parents are unable to agree on custody, the court, guided by these criteria, will have to determine what is in the best interests of the child.Therefore, in any custody determination process, as difficult as it may be for the parents, they should always be guided solely by the best interests of their child when deciding the type of custody that is best suited to the child’s situation.


** This text was originally written by Me Karen Inkel. It was revised by Me Caroline Aubin and the Commission des services juridiques.


Legal brief *
January  2015
Number  01
Text prepared by   Me Caroline Aubin**,avocate au bureau d’aide juridique de Chicoutimi
 
* 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.
 
© Commission des services juridiques Création: Diane Laurin - 2017