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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 2020

  Month
Number
Legal brief
November
 9
Writing your advance medical directivesThis hypelink opens a PDF file in a new window.
What do we really mean by advance medical directives? more
October
 8
The Régie du logement becomes the Tribunal administratif du logement. Besides the name change, what does this mean? This hypelink opens a PDF file in a new window.
On August 31, 2020, the Régie du logement became the Tribunal administratif du logement.


Beyond a simple name change, have there been any changes to the way the Tribunal operates? more
August - September
 7
Sentencing, aboriginal offenders and Gladue reportsThis hypelink opens a PDF file in a new window.
Criminal law is based on the premise that criminal liability only follows from voluntary conduct. In this regard, the sentence, which is the legal consequence of the crime for which a person is responsible, must be proportionate to the gravity of the offence and the degree of responsibility of more
June - July
 6
George owns a house and has money in his bank account. Is he financially eligible for legal aid?This hypelink opens a PDF file in a new window.
George is married to Theresa and they have four minor children. George works as a part-time employee for a transportation company. Theresa is a teacher and also works part-time. They have a combined annual gross income of $39,200. George and Theresa own their family residence, which has a value of $ more
May
 05
What have the courts ruled about Covid-19, shared custody, rights of access and the return to school? This hypelink opens a PDF file in a new window.
The Covid-19 pandemic has turned the daily lives of the entire Québec population upside down, especially that of blended and separated families. This situation has brought its share of concerns and questions to parents of children in shared custody as well as parents whose children have access right more
April
 4
Is a summer day camp required to integrate a disabled child in the camp? This hypelink opens a PDF file in a new window.
Patrick and Marie-Pierre want to enroll their disabled child in the summer day camp offered in their municipality. Their child must take medication during the day, which he cannot administer on his own. He also needs hygienic care. Can the day camp refuse to register him based on these reasons? more
March
 3
Do pictograms have the force of law?This hypelink opens a PDF file in a new window.
When a person disobeys a pictogram (a drawing) that indicates that persons have to hold the handrail of an escalator at a metro station, the person does not, in all cases, commit an offence under a by-law. 

A woman was arrested by a police officer emplo more
February
 2
Are minors eligible to legal aid?This hypelink opens a PDF file in a new window.
Minors (under 18 years of age) who need legal representation may be eligible for legal aid. Just make an appointment with a legal aid lawyer to have their admissibility checked. 

Financial eligibility 

The following factors are taken into ac more
January
 1
HAS or SARPA, which applies to me?This hypelink opens a PDF file in a new window.

The Homologation Assistance Service is intented for parties residing in Quebec who wish, for whatever reason, to modify arrangements pertaining to child custody or access rights or support involving a child or spouse (or former spouse), where the parties have previously obtained a judgment with respect to child support alone or child and spousal support.

Parties need not be financially eligible for legal aid in order to use the HAS. The service is offered to everyone at a fixed price of $556 of which each party pays half. Individuals who are financially eligible for gratuitous legal aid are not required to pay anything and those eligible under the contributory scheme pay the lesser of the contribution calculated in accordance with the Regulation respecting legal aid or the cost of the HAS. 

The parties must choose a lawyer (either a lawyer who is a legal aid staff member or a lawyerin private practice) to draft the agreement. The agreement is then mailed to the office of the court. The agreement is subsequently homologated by the special clerk and, as a result, becomes a judgment of the Superior Court and is then executory. The parties' lawyer sends each of them a copy of the judgment.

For more information, you can consult the following link : www.csj.qc.ca

**********************************

The Child Support Recalculation Administrative Service (SARPA) officially known as the Service administratif de rajustement des pensions alimentaires pour enfants is a purely administrative service that allows parents to adjust child support payments for a minor child who has already been adjudicated, without re-appear at a court. The "Commission des services juridiques" (CSJ) is responsible for the administration of this service. 


This service is available to the entire eligible population at a cost of $292.

Persons who are financially eligible for legal aid under the free component are exempt from payment of fees. In the case of parents who are financially eligible for the payment of a contribution, they will only be required to pay the smallest amount between their maximum contribution and the fee required by regulation, $292 or $146 depending on whether the application is Individual or joint. 

The adjustment request may be submitted to the SARPA by either parent or by only one parent. It refers only to support adjustment situations that do not require judicial review. 

Before applying to the SARPA, parents can fill out the interactive questionnaire available at www.sarpaquebec.ca to check their eligibility for the service. Once this questionnaire has been completed, they will be able to access the SARPA application form.













Legal brief *
January  2020
Number  1
Text prepared by   CSJ
 
* 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.
 
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