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
more
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;
more
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
more
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 Ethan and his parents leave in the late afternoon, Sam and William confess some disturbing facts to their parents. Among other things, they mention that their cousin asked them to show him their genitals and to touch his genitals. The following day, the cousins’ mother calls Ethan’s mother to inform her about the situation. While discussing the situation with his mother, Ethan admits everything that happened and agrees to go see a sexologist in order to determine whether assistance is needed so as to remedy the situation. In the meantime, Josephine, the cousins’ mother, files a complaint with the police. The police officers open a sexual assault investigation with respect to the offence.
A few weeks later, Ethan meets with the investigators and makes a statement in which he admits all the facts mentioned by his cousins—i.e., he makes an incriminating statement. He leaves the police station after having been handed a promise to appear. In the following days, Ethan and his parents meet with Me Delovely, a legal aid lawyer.
After analyzing the file, Me Delovely contacts the criminal and penal prosecuting attorney (CPPA) in order to check whether Ethan’s file can be referred to the Extrajudicial Sanctions Program, because Ethan has no prior file that was dejudicialized (i.e., diverted from the judicial process) and he has no criminal record.
In exercising his discretion in order to make a decision, the CPPA will have to consider several factors, including the accused’s young age (Ethan is 12 years old), the fact that he has no criminal record, the fact that he has no prior file that was dejudicialized, the seriousness of the offence committed by Ethan (offence of a sexual nature during a single occurrence), the importance of Ethan’s rehabilitation and social reintegration, the importance of offering positive prospects to Ethan in light of his needs and level of development (Ethan’s mother has already consulted a sexologist to help her son), and the importance of using extrajudicial sanctions in order to intervene promptly and efficiently to correct Ethan’s conduct.
The CPPA must also consult with the Provincial Director1 before making a decision regarding the dejudicialization of Ethan’s file. When analyzing the file, the members of the Provincial Director’s office meet with the young offender and his family, with the victims and with the victims’ parents. In Ethan’s case, the members of the Provincial Director’s office recommend that the file be dejudicialized and that the appropriate extrajudicial sanction be mediation between the parties.
By emphasizing the lesser moral culpability of teens as compared to adults and by favouring the rehabilitation of the offender as a means of guaranteeing the lasting protection of the public, in certain cases, such as Ethan’s case, the use of extrajudicial sanctions is a sufficient way to hold teens accountable for their criminal acts.
----------------------------------------------------------------------------------------------------------
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.
1 In Québec, it is the Director of youth protection
Legal brief *
April-May
2017
Number
04
Text prepared by
* 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
more
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
more