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 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
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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.
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
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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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