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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

Legal brief
Writing your advance medical directivesThis hypelink opens a PDF file in a new window.
What do we really mean by advance medical directives? more
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?
August - September
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
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
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
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? 

First, it should be noted that any day camp service provider, whether public or private, is subject to the application of the Charter of Human Rights and Freedoms. A day camp has the obligation to ensure that children are treated equally, without discrimination, both at the time of registration and during the various activities. Thus, a day camp must receive and process the registration request for a disabled child in the same way as it does for others. Thereafter, any request for services or accommodation must be analyzed on a case-by-case basis. Consequently, a day camp cannot automatically redirect a disabled child to a specialized organization without having carried out an assessment of his situation. 

A disabled child may need more services or supervision than another child. In order to assess how to adapt its services, a day camp will have to obtain the necessary information on the child's needs. In this regard, the day camp, in cooperation with the parents, has the obligation to seek and implement measures tailored to the needs identified. The following are examples of possible reasonable accommodations: 
  • Provide a shadow service tailored to the child. 
  • Provide health services, including the administration of prescribed medications. 
  • Adapt the infrastructure used by the camp as well as the equipment used for activities. 
  • Provide the necessary hygienic care during the day. 

Each request must be analyzed on a case-by-case basis. If one of the requests causes undue hardship to the day camp, the camp must consider an alternative solution, in cooperation with the parent(s), or the caregivers. Depending on the circumstances, a constraint may be characterized as excessive when the request received: 

  • Requires an overly large expenditure that is disproportionate to the day camp's resources. 
  • Constitutes a major and real obstacle to its functioning. 
  • Creates a real and significant risk for the safety of the child, that of other children or for others. 

Day camps must therefore do everything reasonably possible to allow children with disabilities to be integrated into their activities. They must seek out solutions acceptable to all parties, in accordance with the right to equality, and act with flexibility, diligence and good faith. 

For more information, you can view the short video produced by the Office des personnes handicapées du Québec on access by disabled persons to municipal recreational programs and facilities: https://www.ophq.gouv.qc.ca/publications/outil-de-recherche/video-loisirs-municipaux.html

Legal brief *
April  2020
Number  4
Text prepared by   Office des personnes handicapées du Québec
* 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.
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
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
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
© Commission des services juridiques Création: Diane Laurin - 2017