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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 2021

  Month
Number
Legal brief
December
 10
The age of consent for sexual activitiesThis hypelink opens a PDF file in a new window.
In Canada, the age of consent for sexual activities is 16. This means that, subject to certain exceptions, a person under the age of 16 cannot consent to sexual activities. It is important to know that the term “sexual activities” includes all activities of a sexual nature (kissing, touching a part of the body for sexual purposes, inviting someone to touch us for sexual purposes, sexual intercourse, etc.).

When a person does not or cannot consent to a sexual activity, the activity is acriminal offence.

There are two exceptions to the principle that children and adolescents under the age of 16 cannot consent to sexual activities. These exceptions are found insubsections 150.1(2) and (2.1) of the Criminal Code:

Exception — complainant aged 12 or 13

(2) When an accused is charged with an offence under section 151 or 152,
subsection 173(2) or section 271 in respect of a complainant who is 12 years of age or more but under the age of 14 years, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if the accused
  •  (a) is less than two years older than the complainant; and
  • (b) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant.

Exception — complainant aged 14 or 15

(2.1) If an accused is charged with an offence under section 151 or 152, subsection 173(2) or section 271 in respect of a complainant who is 14 years of age or more but under the age of 16 years, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if the accused

  • (a) is less than five years older than the complainant; and
  • (b) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant.

Thus, the age of the people involved is important, as is the nature of the relationship between them.

Chloë, who is 12 years old and is in a healthy relationship with her boyfriendAnthony, who is 13 years old, can have sexual relations with him if both of them consent in a free and informed manner.

However, she cannot have sexual relations with Logan, who is 11 years old,because children under the age of 12 cannot consent to sexual activities under any circumstances. Even if Logan wants to participate in such activities with Chloë, she cannot do so with him without committing a criminal offence.

Catherine, who is 15 years old, is the babysitter of Jeremy, who is 13 years old. She cannot engage in sexual activities with him, even if they both appear to consent. Jeremy’s consent to this type of activity is not valid, since Catherine is in a position of authority with respect to him.

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Don’t hesitate to have your eligibility for legal aid evaluated by making anappointment at a legal aid office near you. You can also check your eligibility online at questionnaire.

To find the contact information for your legal aid office, please click on the following link www.csj.qc.ca/.



Legal brief *
December  2021
Number  10
Text prepared by   Me Annie-Pier Babineau
 
* 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.
Novembre
 9
Participating in an Offence: Encouraging and AidingThis hypelink opens a PDF file in a new window.
John, Felix and Annabelle are talking to each other as they leave school. Felix is thinking about stealing a bag of chips from the local convenience store.

John encourages him to do it and then leaves to go home.

Felix and Annabelle enter the convenience store. They agreed that Annabel
more
Octobre
 8
The Youth Protection Act and Its Placement PeriodsThis hypelink opens a PDF file in a new window.
One of the objectives of the Youth Protection Act is that a child be able to remain with his family or be able to return to his family as soon as possible, if it is in the child’s best interests. At what point does one determine that the objective of returning a child to his family is no long more
August - September
 7
HAS or SARPA, which applies to me?This hypelink opens a PDF file in a new window.
Homologation assistance service (HAS)

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 more
June - July
 6
Nicole and Raymond own a family home and have money in their bank account. Are they financially eligible for legal aid?This hypelink opens a PDF file in a new window.
Nicole and Raymond have been living together for over a year. Raymond works at the village hotel as a waiter. Nicole occasionally babysits. They have a combined annual gross income of $40,100. They have no children. They own a family home worth $110,000, which is fully paid off. They have $6,000 in more
May
 5
Moving and the New Divorce ActThis hypelink opens a PDF file in a new window.
The new Divorce Act (hereinafter the “Act”), which came into force on March 1, 2021, governs moves by separated persons with parenting time or decision-making responsibilities in respect of a child of the marriage. There are two regimes that distinguish between a change in the place of residenc more
April
 4
Buying a Vehicle and Third Chance Credit This hypelink opens a PDF file in a new window.
You’ve been unlucky and you have bad credit. You’ve just declared bankruptcy and are unable to find financing. In these situations, it can be tempting to go to a car dealership offering a second or even third chance at credit, especially since their advertising indicates that no one is refused!
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more
March
 3
How Can I Intervene in the Case of a Child Who is Dear to Me When a Hearing in the Youth Division is Scheduled? This hypelink opens a PDF file in a new window.
First of all, you should know that a child’s file in the Court of Québec – Youth Division is highly confidential. You cannot consult it or obtain information unless you are a party to the case.

Only the child, the child’s father (legally recognized), the child’s mother and the repre
more
February
 2
The Right to Remain SilentThis hypelink opens a PDF file in a new window.
The presumption of innocence: It’s a fundamental principle of the Canadian justice system pursuant to which an accused is presumed innocent until proven otherwise, that is, until the person themselves admits their guilt or, at trial, the prosecution shows their guilt beyond a reasonab more
January
 1
How is Child or Spousal Support Paid?This hypelink opens a PDF file in a new window.
Henriette and Léopaul have three children. After living together for 12 years, they split up. Following a few mediation sessions, both parents agree that Léopaul will have sole custody of the three children since Henriette has a job that requires her to travel out of town for varying periods of time more
 
© Commission des services juridiques Création: Diane Laurin - 2017