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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 2018

  Month
Number
Legal brief
June-July
 06
What is bullying?This hypelink opens a PDF file in a new window.
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 written means, by means of physical or electronic images or by any other form of expression1.Intimidation is an offence under section 423 of the Criminal Code.

The following is an example of bullying:

Steve and Keven own a trailer located in a campground. For the past several years, they have been at odds with Fabrice, the owner of the neighbouring trailer. Steve and Keven complain about Fabrice’s behaviour, which they consider to be inappropriate, and decide to seek revenge in several ways:

  • They put dish soap in the gas tank of Fabrice’s lawn mower;
  • They tell Fabrice that they will flood his trailer with his water hose;
  • They persistently follow Fabrice throughout the campground;
  • They watch him in his trailer with binoculars, etc. 

Fabrice feels intimidated by Steve and Keven’s behaviour and decides to file a complaint with the police. Under the law, Fabrice’s fear must be evaluated from the point of view of a reasonable person placed in the same circumstances.

Bullying can also take place via any technological means, such as in the following examples:

  • A student decides to bombard a classmate’s Facebook page with violent messages and photographs.
  • A fan is disappointed by a popular singer’s performance and sends him hateful and threatening messages on his Instagram account.
  • A son constantly calls his mother to ask for money and tells her that if she doesn’t give him money, he will damage her house.
  • A lovestruck teenager repeatedly sends his ex-girlfriend text messages and tells her he won’t stop until she comes to see him.


It’s important to be very careful when sending messages via text, Messenger or any other technological means, because the content of the message may constitute intimidation under the Criminal Code.

_____________

1A.B. v. Bragg Communications Inc., [2012] 1 SCR 567, para.21








Legal brief *
June-July  2018
Number  06
Text prepared by   Me Olivier Théorêt
Update by   Me Diane Trudeau
* 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.
May
 05
Voluntary Disclosure ProgramThis hypelink opens a PDF file in a new window.
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 depositThis hypelink opens a PDF file in a new window.
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?This hypelink opens a PDF file in a new window.
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 more
February
 02
Acknowledgements of debtThis hypelink opens a PDF file in a new window.
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?This hypelink opens a PDF file in a new window.
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
 
© Commission des services juridiques Création: Diane Laurin - 2017