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
December
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
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November
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 does not know. She rushes in to stop them and, as she is intervening, she receives a blow to the jaw. Kayla unfortunately suffers after-effects from this injury, which was caused by a teenager she had never seen before. Kayla’s parents have not made a claim under the Act to assist persons who are victims of criminal offences and to facilitate their recovery.
Can Kayla file an application herself, even though she is only 15?
The answer is yes. As a victim of and witness to this altercation, she will be entitled to compensation, in accordance with the Act and the regulations, for the injury to her integrity. She will also be entitled to receive psychological assistance if necessary. A victim who is a child aged 14 or over can file a qualification application on their own.
In addition, someone who intervenes and suffers interference with their integrity while arresting or attempting to arrest an offender or while preventing or attempting to prevent the commission of a criminal offence may also be entitled to financial assistance under s. 16 of the Act.
From now on, a qualification application must be filed with IVAC within three years after the date on which the victim becomes aware of the injury they suffered due to the commission of the criminal offence or within three years after a death due to the commission of a criminal offence.
Nonetheless, a qualification application may be filed at any time if the criminal offence involves violence suffered during childhood, sexual violence or spousal violence.
In addition, if an application previously filed with IVAC under the former legislation was refused because it was filed too late, if the situation involves:
- violent behaviour suffered during childhood,
- sexual violence, or
- conjugal violence,
an application can be made to have the file reactivated. This application must be filed before October 13, 2024.
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Don’t hesitate to make an appointment at a legal aid office near you. For contact details, please click on the following link: www.csj.qc.ca.
You can also check your eligibility online here.
Legal brief *
November
2023
Number
09
Text prepared by Me Mireille Bonneau
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.
August-September
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
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May
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
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April
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
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March
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
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February
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
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January
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
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