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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
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 $100,000 and is fully paid. They have $6,000 in their joint bank account. George has been accused of committing a crime and wants to be represented by a lawyer. He wonders whether he is financiallyeligible for legal aid.

It is important to remember that there are two ways to qualify for legal aid: at no cost or in return for the payment of a maximum contribution of $800.

To obtain free legal aid, George’s family must satisfy the following three conditions:

1- Scale of annual (gross) income:
Gross income must not exceed the following amount for
Spouses with two children or more: $39,097 

2- Scale of property owned:
The value of property owned must not exceed
$90,000, if the residence is owned
$47,500, if the residence is not owned

3- Scale of liquidities:
The value of liquidities must not exceed
$5,000 for a family
$2,500 for a single person

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Even though the financial situation of George and his family exceeds the three scales mentioned above (income, property and liquidities), George may nevertheless be eligible for legal aid in return for the payment of a contribution.

The following is the calculation method that applies. First, we must determine which class of applicant George falls into. The Regulation respecting legal aid states that there are six classes of applicants. George falls into the class of a family composed of spouses with two children or more.

The following amounts must then be added to the amounts provided for in the scales mentioned above:

100 % of the excess income
10 % of the excess property
100 % of the excess liquidities

The total amount represents the deemed income used to determine whether George is eligible for legal aid in return for the payment of a maximum contribution.

Here are the detailed calculations for George:

Scale (free legal aid) Spouses with two children or more -> $39,097
100% of the excess income ($39,200 - $39,097) -> $103
10% of the excess property ($100,000 - $90,000) -> $1,000
100% of the excess liquidities ($6,000 - $5,000) -> $1,000
Deemed income -> $41,200

The legal aid scale below (which is also found on the Web site of the Commission des services juridiques) indicates that George is eligible for legal aid in return for a maximum contribution of $400.*

Family composed of spouses with two children or more
Income                                  Contribution level

from  $39,098 to $41,036  -> $100
from $41,037 to $42,975  -> $200
from $42,976 to $44,913-> $300
from $44,914 to $46,852 -> $400
from $46,853 to $48,791 -> $500
from $48,792 to $50,730-> $600
from $50,731 to $52,668 -> $700
from $52,669 to $54,608 -> $800

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 Web site at www.csj.qc.ca .



* The director general can, under certain conditions, agree that the contribution will be paid in several instalments. The total period for such instalments cannot exceed 6 months.


Legal brief *
June - July  2020
Number  6
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.
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 par
more
 
© Commission des services juridiques Création: Diane Laurin - 2017