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.

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Legal Briefs 2018

  Month

Number

Legal brief

December

 10

Brief overview of the legalization of cannabis

On October 17, 2018, Canada legalized cannabis. However, it would be wrong to think that, from now on, anything goes. On the contrary, various laws and regulations govern cannabis, and a person who steps outside of the legal framework could be charged with a criminal offence or receive a statement o more

November

 09

Should I worry about a seizure if I am recipient of last resort assistance?

Jasmin has just lost a case before the Régie du logement. He now owes his landlord $3,000. The landlord has told him he will seize everything he owns, which worries Jasmin, who is a recipient of last resort assistance.

First and foremost, Jasmin should know that the right resulting from a jud more

October

 08

I just found out that I am not my child's father

Mario and Joanie (fictional names) have been living together for several years and have a child together. The act of birth of the child, whose name is Vincent, indicates Mario and Joanie as his parents. The couple separates when Vincent is seven years old. Despite the separation, Mario continues to more

August - September

 07

Réal lives in the Îles-de-la-Madeleine and wants know whether he is financially eligible for legal aid

Réal has been living in the Îles-de-la-Madeleine for close to 10 years and wants to get custody of his son Michel, who is 10 years old and lives with him.

Real has a yearly gross income of $32,050. He has $5,000 in the bank. 

He wonders whether he is financially eligible for legal more

June-July

 06

What is bullying?

Bullying, also known as intimidation, is repeated behaviour that is intended to cause fear, intimidation, humiliation, distress or other forms of harm to another person’s body, feelings, self-esteem, reputation or property: Bullying can be direct or indirect and can take place by physical, verbal or more

May

 05

Voluntary Disclosure Program

Perhaps you didn't fulfil all your obligations under the tax laws. For example, perhaps you failed to declare some income over the past few years. The voluntary disclosure program may allow you to rectify your tax situation.¹

If your application more

April

 04

Voluntary deposit

If you are having trouble paying your bills and your creditors are losing patience, voluntary deposit may be an interesting solution for you. It may allow you to avoid bankruptcy.

Voluntary deposit is dealt with in articles 664 and following of the Code of Civil Procedure of Québec.^1&nbs more

March

 03

Am I obliged to identify myself at the request of a police officer?

As a general rule, despite the existence of a moral and social duty on the part of every citizen to answer questions from a police officer and assist the police,¹a person does not have the obligation to disclose their identity to a police officer. However, it is important to realize that there are several exceptions to this rule.

First, there is the situation in which a person has been legally arrested under the Criminal Code.² For example, a police officer who arrests a person after having received a complaint of assault has the power to require the person to identify himself.

Next, there is the situation involving the driver of an automobile that has been intercepted for road safety reasons.³ At the request of the police officer, the driver must remit to the officer his driver’s licence, the vehicle's registration certificate and his certificate of insurance. It should be noted, however, that this identification requirement applies solely to the driver and not to every passenger in the vehicle. However, if the passenger himself has committed an offence, such as not properly wearing his seat belt,⁴ he will also have the obligation to identify himself at the request of the police officer so that the officer can give him a statement of offence.


Lastly, there is the situation of a person who has committed a penal offence (such as insulting a peace officer), to whom a police officer wants to remit a statement of offence.⁵ In these circumstances, the police officer can require the person to provide his name and address, as well as provide the information needed to confirm the accuracy of the name and address. However, in order for the police officer to be able to require this information, he must first inform the person of the offence alleged against him. Indeed, before having the duty to identify himself, the person in question has the right to know, in plain language tailored to his level of comprehension, the offence for which the police officer is arresting him.


Consequently, if a person refuses to identify himself at the request of a police officer when that person has the legal obligation to do so, the police officer can arrest the person and hold him in custody in order to identify him or confirm the accuracy of the identifying information provided. Moreover, a person who fails to identify himself may also face criminal charges of obstructing a peace officer⁶ and even identity fraud,⁷if the person decides to identify himself, but provides a false identity.


Ultimately, it is safe to say that as of the moment a police officer intercepts a person and tells him the reason for doing so, that person has the obligation to identify himself and it is risky for that person, having been asked to identify himself, to decide, there and then, whether or not the police officer is right in making the request. 
_____________________________

¹ R. v. Grafe (1987), 36 C.C.C. (3d) 267 (Ont. C.A.), p. 271.² R.S.C. (1985), c. C-46.³ Highway Safety Code, c. C-24.2, ss. 36, 61 and 102.⁴ Highway Safety Code, c. C-24.2, ss. 396 and 508.⁵ Code of Penal Procedure, c. C-25.1, ss. 72 to 74.⁶ Criminal Code, R.S.C. (1985), c. C-46, s. 129.⁷ Criminal Code, R.S.C. (1985), c. C-46, s. 403.

Legal brief *
March  2018
Number  03
Text prepared by   Me Matthieu Poliquin
Update by   Me Mylène Légaré
* 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

 02

Acknowledgements of debt

In January 2015, Alex lends Rose, his co-lessee, an amount of $3,000 to help her buy a used car. “I’ll pay you back very soon,” she promises. No document is signed. Time passes and Rose seems to have forgotten her debt. 

In June 2016, Rose, who no longer has a car, is about to move out i more

January

 01

Can I object to a notice of assessment?

You’ve just received a notice of assessment or determination from the government indicating that you owe a significant amount of money. You are completely flabbergasted, because there is no way you owe that much. In fact, you provided all the required documents. There must be a mistake! The followin more