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
December
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
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October
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 take care of Vincent and provides for him.
Some time after the separation, Mario bumps into someone who, through his statements, raises a doubt in Mario's mind regarding his paternity with respect to Vincent. Mario decides to dispel all doubts and, while Vincent is staying with him, Mario takes the opportunity to have a DNA test for him and Vincent. The test confirms, with a probability of 99.9%, that, unfortunately, Mario is not Vincent's father. From that point on, Mario decides to sever all ties with the child.1
Mario also decides to initiate court proceedings to contest his paternity. The judge refuses his application, based on the reasons set out in the second paragraph of article 530 of the Civil Code of Québec which states: "No one may contest the status of a person whose possession of status is consistent with his act of birth." Once these two conditions have been met, it is impossible to contest filiation.
Mario's situation satisfies these two conditions: His name appears on the child's act of birth and he has behaved like a father towards the child since the child's birth, thereby acquiring a "possession of status" consistent with Vincent's act of birth. Consequently it is impossible for Mario to contest his paternity, even if he is not Vincent's biological father. Mario will therefore continue to be Vincent's legal father, with all the effects this status entails.
The declaration of paternity made when a child is born is an important and serious act which gives rise to legal obligations. Indeed, under article 523 of the Civil Code of Québec: "Paternal filiation and maternal filiation are proved by the act of birth, regardless of the circumstances of the child’s birth." In certain very specific situations, a father can contest the paternity established in a child's act of birth. The decision will focus primarily on possession of status, which depends on three criteria: the child's family name (this is not a decisive criterion), the fact that the father has acted as the real parent and the fact that the child's circle of family and friends considers the father to be the child's parent.
You should therefore be highly aware of the impact of having your name inserted on a child's act of birth.
_____________________________
1 Note that a test obtained in this manner is not accepted as evidence in court.
Legal brief *
October
2018
Number
08
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.
June-July
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
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May
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
April
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
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March
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
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February
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
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January
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
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