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 2019
November - December
Preventive Detention
The judge refused to release you after you appeared in court while being held in custody for an offence and you wonder whether the time you spent in custody was properly credited as part of your sentence?
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July - August
What is a parenting and mediation information session?
If you are involved in a family law case that will be heard in Superior Court, your lawyer has most likely informed you of your obligation to participate in a parenting and mediation information session.
Since January 1, 2016, former spouses have the legal obligation to attend a parenting
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May - June
Direct deposit mistakenly made by the Canada Revenue Agency (CRA)
The use of direct deposits for government benefits has become standard practice, but it may lead to unpleasant consequences for those who do not pay close attention to the deposits they receive.
Indeed, the increasing types of deposits (parental benefits, employment insurance benefits,
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April 2019
Labor standards, the 2018-2019 reform
In June 2018 and, more recently, January 2019, the Act respecting labour standards, which governs and protects certain Québec workers who are not covered by a collective agreement, was amended and enhanced. It is important to note, however, that certain categories of persons, incl
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March
My child wants to live with me: ca he choose?
You and the father or mother of your child are separated and you cannot agree on how much time he will spend with each of you.
The courts issue many judgments dealing with this issue, and each decision must be made in the interests of the child and while respecting his rights.
On this subject, the Civil Code of Québec states the following:
“Every decision concerning a child shall be taken in light of the child’s interests and the respect of his rights.
Consideration is given, in addition to the moral, intellectual, emotional and material needs of the child, to the child’s age, health, personality and family environment, and to the other aspects of his situation.”1
Respecting the child’s rights also involves listening to what the child has to say.
“The court shall, in every application brought before it affecting the interest of a child, give the child an opportunity to be heard if his age and power of discernment permit it.”2
Therefore, a judge can, at the request of the parties’ lawyer or lawyers, or even on his own initiative, order the appointment of a lawyer to represent a child if he considers that doing so is necessary in order to safeguard the child’s rights and interests.3
The lawyer appointed to represent the child will meet with the child in order to find out his choice regarding custody, what he really wants and what is motivating his choice. He will report to the parties’ lawyers (or to the parties themselves if they are not represented by lawyers) and to the judge hearing the case.
The court may give consideration to the wishes of a child between the ages of 8 and 11, and the wishes of a child who is 12 years old and older will often be decisive. It is important to remember that the court is never bound by the child’s wishes when ruling on custody, although those wishes will be relevant in determining the child’s interests, particularly as the child approaches the age of majority.
The child’s interests constitute the cornerstone of decisions regarding him. If the child has the opportunity to express his wishes to an independent lawyer, this can help settle disputes in many cases as well as avoid having the child testify in court.
Moreover, a judge may decide to hear the child in his office or in another location in order to avoid the stress of having the child testify in a courtroom. In certain cases, the judge may even hear the child without the parties or their lawyers present.4
If you have any questions, do not hesitate to contact one of our lawyers at the legal aid office nearest you.
1 Art. 33 of the Civil Code of Québec
2 Art. 34 of the Civil Code of Québec
3 Art. 90 of the Code of Civil Procedure
4 Art. 291 of the Code of Civil Procedure
Legal brief *
March
2019
Number
03
Text prepared by Me Charlène Perron
* 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
The right to a lawyer
The presumption of innocence: It is a fundamental principle of the Canadian justice system pursuant to which an accused is presumed innocent until proof to the contrary, that is, until the person admits their guilt or, at trial, the prosecution shows their guilt beyond a reasonable doubt.
Fro
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