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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 2022

  Month
Number
Legal brief
November
 9
Discharges: Who, What, Why... and why not?This hypelink opens a PDF file in a new window.
Discharge—a sentence that is not a sentence. Indeed, the law provides that a person who receives a discharge is deemed never to have been convicted. But who can benefit from such a discharge? more
Octobre
 8
The Hospital Won’t Let Me Go. What Are My Rights?This hypelink opens a PDF file in a new window.
You’ve been brought to the hospital without your consent and your doctor refuses to let you leave. Or, perhaps you came to the hospital voluntarily, but now they won’t let you leave. You’ve probably been placed under preventive confinement.

Indeed, the law1 allows a physician, usually a psychiatrist, or a specialized nurse practitioner to keep a person in the hospital without their consent for up to 72 hours under the following conditions: if their mental state presents a grave and immediate danger to themselves or to others.

You may therefore have been placed under preventive confinement, without prior court authorization being required and even before a medical examination was performed. However, the physician or specialized nurse practitioner cannot keep you in the hospital for more than 72 hours without your consent or without prior court authorization.

Subsequently, you may be asked to undergo psychiatric assessments. If you refuse to undergo these assessments, the physician may file a court application for temporary confinement for purposes of a psychiatric assessment. At that time, the physician must prove that they have serious reasons to believe that your mental state presents a danger to yourself or to others. YOU HAVE THE RIGHT TO BE REPRESENTED BY A LAWYER AT THIS HEARING.

If the judge grants the hospital’s application, i.e., the judge orders the temporary confinement for purposes of a psychiatric assessment, you will undergo a first examination within 24 hours of the judgment. If the conclusion of this assessment is that confinement is necessary, you will undergo a second examination by a second psychiatrist within 48 hours of the order.

Lastly, even if both examinations conclude that confinement is necessary, the court can only authorize confinement in an institution if the court itself has serious reasons to believe that you present a danger and that confinement is necessary.

Here, too, YOU HAVE THE RIGHT TO BE REPRESENTED BY A LAWYER AT THIS HEARING.

**********************************************************************************************

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

To find the contact information for your legal aid office, please click on the following link www.csj.qc.ca.
__________________________
1 Act respecting the protection of persons whose mental state presents a danger to themselves or to others, CQLR, c. P-38.001, ss. 6 to 8.


Legal brief *
Octobre  2022
Number  8
Text prepared by   Me Audrey Lajoie
 
* 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.
August - September
 7
Types of indemnities from the SAAQThis hypelink opens a PDF file in a new window.
The public automobile insurance plan provides for compensation, under certain conditions, to people who have been involved in automobile accidents.

The following are some possible indemnities:

(1) Income replacement indemnity

This is an indemnity paid to any
more
July
 6
JULIE AND CHRISTIAN HAVE TWO CHILDREN, OWN A 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.
Julie and Christian have been married for three years. Christian works full time at an annual salary of $50,000. Julie works part-time for annual income of $5,000.

Their combined annual income is $55,000. They have two young children. They own a family home worth $200,000 with a mortgage of $
more
May
 5
Protection Orders: A Tool for Protecting Victims of Spousal Abuse During a SeparationThis hypelink opens a PDF file in a new window.
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?This hypelink opens a PDF file in a new window.
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 enteringThis hypelink opens a PDF file in a new window.
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 neighb
more
February
 2
Protection orders in civil mattersThis hypelink opens a PDF file in a new window.
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 PersonsThis hypelink opens a PDF file in a new window.
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
 
© Commission des services juridiques Création: Diane Laurin - 2017