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 people in vulnerable situations put into place a number of measures, including the creation of a new role, that of assistant to a person of full age. This measure will allow people like you to choose a person to help them in various areas of their life.

Through this measure, a person who is experiencing difficulties and wants to be assisted will be able to do so freely, and the process will be supervised by the Public Curator of Québec.

The difficulties in question can be of all types, including simple motor, visual or auditory limitations. Regardless of the reason, you will not have to prove that reason. However, you must be capable and able to express your wishes. Therefore, a person suffering from Alzheimer’s or who has been recognized as incapable will not be able to benefit from such an assistant.

The person appointed as your assistant will be able to take care of you by helping you make decisions, exercise your rights or manage your property.
Your assistant should be someone you trust fully and know well, such as a family member, a neighbour or a friend. This person must be of full age, be available and have your best interests at heart.

An assistant cannot sign documents for you or make decisions for you. However, they may communicate with third parties on your behalf, be kept informed and obtain confidential information. Your assistant will therefore act as an intermediary.

The person selected will be required to act free of charge, but any reasonable expenses incurred by them may be reimbursed. They will not be able to act in situations where they would have a conflict of interest.

Such a system is advantageous, because you will not have to notify every third party you deal with, and you will not have to be present at every meeting or for every conversation.
The assistant will be registered in the public register upon a simple application to the Public Curator, without the need for court intervention, and the designation will be valid for a maximum period of three years. It can also be terminated at your request.

The assistant will be able to intervene only at your request and to help you understand information. They will not be able to make decisions, but will only be able to assert your freely expressed wishes. The assistant must always act with transparency and in good faith.

An assistant differs greatly from someone who holds a power of attorney. Indeed, a person with power of attorney can sign for the person they represent and make decisions for them, while the assistant has no such powers.

There are many ways to get help and assistance, and a Legal Aid lawyer can certainly guide you in choosing the way that best suits your needs.

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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. 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.

Legal brief *
February  2023
Number  02
Text prepared by   Me Jean Théberge
 
* 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.

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 more