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.

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Legal Briefs 2022

  Month

Number

Legal brief

May

 5

Protection Orders: A Tool for Protecting Victims of Spousal Abuse During a Separation

Are you experiencing emotional abuse or excessive control from your partner and fear their reaction if you leave them? more

April

 4

Applying for a Canadian Passport for a Child — What if One Parent Cannot be Located?

Sarah has sole custody of her daughter Rosalie, who is 8 years old. At the time of their separation, Rosalie’s parents had gone before the Superior Court to obtain a judgment granting Sarah custody of Rosalie, and the father had been granted access rights.

Rosalie has not seen her father for more

March

 3

Breaking and entering

Remy and his friends decide to meet in an old dilapidated building to party. They climb the fence, rip off the plywood covering the door and party into the wee hours of the morning. 


The next day, Remy and his friends are awakened by the police who had been alerted by the neighbours about the presence of young people prowling around. It seems that after several drinks, Remy broke a window of the old building in order to impress his friends. However, Remy is much less proud of what he did once a police officer informs him that they will be charged with breaking and entering a place other than a dwelling house and committing an indictable offence therein (section 348(1)(b)(e) of the Criminal Code).

A building does not have to be occupied for it to be illegal to enter it. 

Breaking and entering covers several locations specified in the Criminal Code, namely: 

• a dwelling-house;
• a building or structure or any part thereof, other than a dwelling-house;
• a railway vehicle, a vessel, an aircraft or a trailer; or
• a pen or an enclosure in which fur-bearing animals are kept in captivity for breeding or commercial purposes.

Remy and his friends would have been better off partying at the house of someone they knew.


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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 *
March  2022
Number  3
Text prepared by   Me Nicolas Gagnon, baj chicoutimi
Update 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.

February

 2

Protection orders in civil matters

Since January 1, 2016, individuals whose life, health or safety is threatened have had access to a tool to protect them—a tool that is still not well known or understood: the protection order. This tool is even more relevant in the current context where there is a growing social awareness of the imp more

January

 1

Abuse of Vulnerable Persons

With the aging of our population, the abuse of elderly and vulnerable individuals is undoubtedly an extremely important societal issue. It is essential that safety nets be put in place in order to prevent abuse and to be able to identify who the victims might be so as to intervene in order to protec more