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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 2023

  Month
Number
Legal brief
December
 10
Illegal drugs - when sharing means traffickingThis hypelink opens a PDF file in a new window.
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 This hypelink opens a PDF file in a new window.
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 QuebecThis hypelink opens a PDF file in a new window.
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?This hypelink opens a PDF file in a new window.
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?This hypelink opens a PDF file in a new window.
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 $6,000 in their joint bank account.

It is important to remember that there are two ways to qualify for legal aid: at no cost or in return for the payment of a maximum contribution of $800.

To obtain free legal aid, Nicole and Raymond must satisfy the following three conditions:

1- Scale of annual (gross) income:
Gross income must not exceed the following amount for
Spouses with one child: $43,200


2- Scale of property owned:The value of property owned must not exceed
$90,000, if the residence is owned
$47,500, if the residence is not owned

3- Scale of liquidities:The value of liquidities must not exceed$5,000 for a family$2,500 for a single person
---------------------------------------------------------------------------------------------

Even though the financial situation of Nicole and Raymond exceeds the three scales mentioned above (income, property, and liquidities they may nevertheless be eligible for legal aid in return for the payment of a contribution.


The following is the calculation method that applies. First, we must determine which class of applicant Nicole and Raymond fall into. The Regulation respecting legal aid states that there are six classes of applicants. Nicole and Raymond fall into the class of a family composed of spouses with no children.


The following amounts must then be added to the amounts provided for in the scales mentioned above:


100 % of the excess income

10 % of the excess property

100 % of the excess liquidities



The total amount represents the deemed income used to determine whether Nicole and Raymond are eligible for legal aid in return for the payment of a maximum contribution.

Here are the detailed calculations:


Scale (free legal aid)Spouses with one child $43,220

100% of the excess income($45,000 - $43,220) $1,780

10% of the excess property($110,000 - $90,000) $2,000

100% of the excess liquidities($6,000 - $5,000) $1,000

Deemed income $48,000

The legal aid scale below (which is also found on the Web site of the Commission des services juridiques) indicates that Nicole and Raymond are eligible for legal aid in return for a maximum contribution of $300.*

Family composed of spouses with no children
Income Contribution level
$43,221 to $45,363 $100

$45,364 to $47,506 $200

$47,507 to $49,649 $300

$49,650 to $51,792 $400

$51,793 to $53,935 $500

$53,936 to $56 078 $600

$56,079 to $58 221 $700

$58,222 to $60 365 $800


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 at this link .

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

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

* The director general can, under certain conditions, agree that the contribution will be paid in several instalments. The total period for such instalments cannot exceed 6 months.


Legal brief *
June-July  2023
Number  06
Text prepared by   CSJ
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.
May
 05
Better Access to Legal AidThis hypelink opens a PDF file in a new window.
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 onesThis hypelink opens a PDF file in a new window.
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?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
February
 02
Assistant to persons of full ageThis hypelink opens a PDF file in a new window.
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?This hypelink opens a PDF file in a new window.
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
 
© Commission des services juridiques Création: Diane Laurin - 2017