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 2017
November
Shared custody, so no support to pay?
Raphaël and Maude lived together without being married and a child, Alice, was born from their relationship. When Alice was only 3 years old, her parents separated. Raphaël moved not far from the daycare and, after some discussion, the parents agreed to share custody of Alice equally. Maude agreed t
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October
Police Chases (What You Need to Know)
At the beginning of the year 2000, section 249.1 was added to the Criminal Code, creating the offence of fleeing a police chase while driving a motor vehicle.
The following are the elements that make up this offence:
- The accused must be driving a motor vehicle;
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August-September
What is a quarrelsome litigant?
Jeanne is the mother of a three-year-old girl, Amélie. She decides to consult a legal aid lawyer in order to get a judgment granting her custody of her minor child and fixing rights of access for the father, given that he exercises his rights of access very sporadically.
George, the
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April-May
Youth Criminal Justice Act and Extrajudicial Sanctions
Ethan, who is 12 years old, is visiting his cousins with his parents. While his parents are playing cards with his uncles and aunts, Ethan takes the opportunity to play various games in the basement with his two cousins, Sam and William, who are 6 and 8 years old, respectively. After
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March
Georges owns a house and has money in his bank account. Is he financially eligible for legal aid?
George is married to Theresa and they have four minor children. George works as a part-time employee for a transportation company. Theresa is a teacher and also works part-time. They have a combined annual gross income of $35,000. George and Theresa own their family residence, which has a value of $100,000 and is fully paid. They have $6,000 in their joint bank account. George has been accused of committing a crime and wants to be represented by a lawyer. He wonders whether he is financiallyeligible for legal aid.
It is important to remember that there are two ways to qualify for legal aid: at no cost or in return for the payment of a maximum contribution of $800.
To obtain free legal aid, George’s family must satisfy the following three conditions:
1- Scale of annual (gross) income:
Gross income must not exceed the following amount for
Spouses with two children or more: $32,081
2- Scale of property owned:
The value of property owned must not exceed
$90,000, if the residence is owned
$47,500, if the residence is not owned
3- Scale of liquidities:
The value of liquidities must not exceed
$5,000 for a family
$2,500 for a single person
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Even though the financial situation of George and his family exceeds the three scales mentioned above (income, property and liquidities), George may nevertheless be eligible for legal aid in return for the payment of a contribution.
The following is the calculation method that applies. First, we must determine which class of applicant George falls into. The Regulation respecting legal aid states that there are six classes of applicants. George falls into the class of a family composed of spouses with two children or more.
The following amounts must then be added to the amounts provided for in the scales mentioned above:
100 % of the excess income
10 % of the excess property
100 % of the excess liquidities
The total amount represents the deemed income used to determine whether George is eligible for legal aid in return for the payment of a maximum contribution.
Here are the detailed calculations for George:
Scale (free legal aid) Spouses with two children or more -> $32,081
100% of the excess income ($35,000 - $32,081) -> $2,919
10% of the excess property ($100,000 - $90,000) -> $1,000
100% of the excess liquidities ($6,000 - $5,000) -> $1,000
Deemed income -> $37,000
The legal aid scale below (which is also found on the Web site of the Commission des services juridiques) indicates that George is eligible for legal aid in return for a maximum contribution of $400.*
Family composed of spouses with two children or more
Income Contribution level
from $32,082 to $33,672 -> $100
from $33,673 to $35,263 -> $200
from $35,264 to $36,854 -> $300
from $36,855 to $38,445 -> $400
from $38,446 to $40,035 -> $500
from $40,036 to $41,626 -> $600
from $41,627 to $43,217 -> $700
from $43,218 to $44,809 -> $800
Don’t hesitate to have your eligibility for legal aid evaluated by making an appointment at a legal aid office near you.
To find the contact information for your legal aid office, please visit our Web site at www.csj.qc.ca .
* The director general can, under certain conditions, agree that the contribution will be paid in several instalments. The total period for such instalments cannot exceed 6 months.
Legal brief *
March
2017
Number
03
Text prepared by Me Richard La Charité Secrétaire par intérim à la Commission des services juridiques / Interim Secretary of the Commission des services juridiques
* 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.
February
« You can't search me! » really ?
Contrary to what many people believe, in certain circumstances, school staff can search a student or his personal belongings (such as his knapsack or locker). There are two main reasons for this. First, a school has the obligation and responsibility to protect the students who attend the school, so
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January
Am I liable for my pet
In principle, yes. In Québec, it is the Civil Code that deals with harm caused by a pet’s actions. The article of the Civil Code is very clear to that effect and the rules for pet owners are strict.
Whether the situation involves an injury, such as a bite, or other damage ca
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