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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 account in determining whether a minor is eligible: 

  • the minor’s income and liquid assets; 
  • income, liquid assets and other assets of the parents who have custody of the minor or, as the case may be, of the person who has custody under a court order. 

Interests opposed to those of the parents 

Where the minor’s interests compete with those of his or her father, mother or person with custody under a court order, only the income and liquid assets of the minor will be taken into account. In such a case, the cost of services rendered could be claimed from the parents or person with custody of the minor. 

When the minor requires services that come under the Youth Protection Act (CQLR, c. P-34.1) or the Youth Criminal Justice Act (S.C. 2002, c.1), only the income and liquid assets of the minor will be taken into account and there will not be any claim for reimbursement from the parents or custodian. 

Services covered  

Services are covered in the following cases : 

  • cases relating to family law; 
  • cases regarding tutorship;
  • cases where the court exercises powers under the Youth Protection Act ;
  • when a minor faces proceedings before a court under the Youth Criminal Justice Act

And, depending on the circumstances, services could be covered in other situations. 



Don’t hesitate to have your eligibility for legal aid evaluated by making an appointment at a legal aid office near you. 


To find the contact information for your legal aid office, please visit our website at www.csj.qc.ca






Legal brief *
February  2020
Number  2
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.
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 par
more
 
© Commission des services juridiques Création: Diane Laurin - 2017