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 2023

  Month

Number

Legal brief

December

 10

Illegal drugs - when sharing means trafficking

Sebastian [not his real name], a student with a promising future, went to a party to celebratea friend’s birthday. There was a lot of drinking that evening and the atmosphere was electric. Sebastian hoped the party would go on all night long. Over the course of the evening, he offered to share with more

November

 09

Act to assist persons who are victims of criminal offences and to facilitate their recovery

As she has done almost every day after supper, 15-year-old Kayla heads out to the park near her home to meet up with her friends. That evening, she spots a group of young people who appear to be fighting. As she gets closer, she recognizes Leo, her best friend, who is being beaten up by kids she doe more

October

 08

Children and Work in Quebec

On June 1, 2023, Québec enacted the Act respecting the regulation of work by children. Before this Act came into force, there was no minimum working age in Québec more

August-September

 07

Collection agencies are after me. What should I do?

Unfortunately, at some point in your life, you may find yourself in a difficult situation and have trouble meeting your financial obligations. In such a case, it is advisable to make arrangements with your creditors to avoid having them hire a collection agency to collect the sums owed.

Colle more

June-July

 06

Nicole and Raymond have a child, a home and money in their bank account. Are they financially eligible for legal aid?

Nicole and Raymond have been living together for several years. Raymond works at the village hotel as a waiter. Nicole occasionally babysits. They have a combined annual gross income of $45,000. They have only one child. They own a family home worth $110,000, which is fully paid off. They have $6,00 more

May

 05

Better Access to Legal Aid

If you need the services of a lawyer and want to check your eligibility for legal aid, youshould know that since December 29, 2022, regulatory changes may simplify the processing of your application.

In fact, if you meet the following conditions, you will no longer have to submit any document more

April

 04

The "grandparent" scam: protecting yourself and your loved ones

You receive a call from someone claiming to be a lawyer, who informs you that your favourite grandson has been arrested and is currently being held in custody. You are told that you must pay bail of $2,500 before he can be released. The only thing missing is your payment. Someone will come by in the more

March

 03

HAS or SARPA, which applies to me?

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

February

 02

Assistant to persons of full age

You are 80 years old and are still very alert, but you have some difficulties with computers and anything electronic. You also have trouble hearing people on the phone when dealing with suppliers or when trying to get information about your accounts.

The newly adopted Law to better protect more

January

 01

What is an Immediate Protective Measure?

When the Director of Youth Protection (the “DYP”) accepts a report regarding a child’s situation, he may unilaterally decide to take an immediate protective measure. In fact, the Youth Protection Act1 allows him to take certain measures to ensure the safety of the child for a maximum period of 48 hours. Here are examples of measures the DYP may take:

• Entrust the child to one of the child’s parents;
• Entrust the child to a person who is important to the child;
• Entrust the child to a foster family;
• Entrust the child to a rehabilitation centre;
• Restrict contact between the child and the child’s parents;
• Prohibit contact between the child and certain persons.

The DYP may also take an immediate protective measure at any time during his intervention.

When possible, the DYP must consult the child and the parents before taking such a measure. It is important to note that the DYP does not need to obtain a prior court authorization. Moreover, the measure may be extended to the next working day if the 48-hour period ends on a weekend or a holiday.

The following are the available options following an immediate protective measure:

1. The situation returns to normal at the end of the 48-hour period;
2. If the parents and the child do not object to the extension of the immediate protective measure, the DYP may propose the signing of a provisional agreement until the DYP decides whether the child’s security or development is in danger;
3. The DYP may ask the court to extend the immediate protective measure for up to 5 working days;
4. The DYP may ask the court to make a provisional order if he considers that the measure is necessary for the child’s security or development or if he considers that the child remaining with or returning to the family environment would cause serious harm to the child.

At any time during the process, the parents and the child have the right to consult with a lawyer.

¹ Youth Protection Act, CQLR, c. P-34.1, s. 46.

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

Legal brief *
January  2023
Number  01
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.