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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
December
 10
Brief overview of the legalization of cannabisThis hypelink opens a PDF file in a new window.
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 of offence. Here is an overview of what is authorized in Québec.

First, only adults can possess cannabis. Minors, that is, those under the age of 18, are therefore not allowed to be in possession of cannabis, regardless of the quantity.

As for the amount an adult may possess, it all depends on where the person is. Thus, an adult can possess up to 30 grams of cannabis in a public place, but up to 150 grams in a private place, such as the person's home.

It's also important to know that only the Société québécoise du cannabis (SQDC) is authorized to sell cannabis and it is illegal for anyone to possess cannabis originating from another supplier.

Lastly, as regards the places in which it is forbidden to use cannabis, the situation is complex, to say the least, because it varies by Québec municipality.

As a general rule, the situation is similar to that of tobacco, which means that it is forbidden to smoke or vape cannabis anywhere it is already forbidden to smoke or vape tobacco (e.g., enclosed spaces, areas frequented by minors, post-secondary educational institutions, health or social services institutions and the grounds on which these establishments are located, bike paths, areas used to wait for public transportation, bus shelters, outdoor play areas intended for children, sports fields and playgrounds, etc.).1

However, other prohibitions on the use of cannabis may apply depending on the municipality. For example, certain municipalities, such as Sherbrooke and Québec City, have decided to prohibit the smoking of cannabis in all public spaces.

In conclusion, it is important to remember that it is still prohibited for a person to sell cannabis, grow their own cannabis, have cannabis seedlings in their possession and give or sell cannabis to minors, and that by committing these actions, a person will still face the possibility of criminal, penal or regulatory charges.

HOWEVER, access to cannabis for medical purposes is still legal for persons who have an authorization obtained from a provider of health services or who are registered with an authorized seller or Health Canada.2


___________________________________
1 Sections 11 to 16 of the Cannabis Regulation Act
2 Medical use of cannabis - Canada.ca


Legal brief *
December  2018
Number  10
Text prepared by   Me Matthieu Poliquin
 
* 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.
November
 09
Should I worry about a seizure if I am recipient of last resort assistance?This hypelink opens a PDF file in a new window.
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 fatherThis hypelink opens a PDF file in a new window.
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 aidThis hypelink opens a PDF file in a new window.
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?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 more
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