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 2024

  Month

Number

Legal brief

October

 09

HAS or SARPA, which applies to me?

HOMOLOGATION ASSISTANCE SERVICE - (H A S)

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 former spouse), where t more

September

 08

Do you have to share your tips ?

Jackie is a waitress in a restaurant. Her employer asks her to share her tipswith her fellow waitresses and with the cooks. Is this legal? more

August

 07

Neighbourhood disturbances between tenants

You’ve been renting a new apartment for a few months and the neighbours are too noisy.
According to article 1854 of the Civil Code of Québec (hereinafter the “C.C.Q.”), landlords,also referred to as lessors, have the obligation to provide their tenants with peaceableenjoyment of their dwel more

July

 06

What's my risk? Youth criminal justice system (young offenders)

Legal aid lawyers regularly represent young persons facing criminal charges in youth court. The following is one of the questions they are asked most frequently during the initial meeting: What sentence am I likely to receive? more

June

 05

Are childcare expenses taken into consideration in determining financial eligibility for legal aid?

Isabelle, who is the mother of one child, is about to separate. She works in housekeepingin a hospital at an annual salary of $39,000. She does not own any real estate and has$6,000 in savings in a bank account. However, she has to pay $1,750 in annual childcareexpenses for her six-year-old son. Isa more

May

 04

Social Assistance - Understanding the New Basic Income Program

Social assistance, social solidarity, basic income – it’s easy to get lost in the many government programs available to people experiencing difficulties.

The Quebec government has established two programs for the province’s residents who are in a precarious situation: (1) The Social Assistance Program is for people in precarious situations, whether or not their capacity for employment is temporarily limited; and (2) the Social Solidarity Program is for people who are in the same situation, but whose capacity for employment is severely limited (serious health problems that limit anadult’s ability to work).

On January 1, 2023, (3) the Basic Income Program was introduced for recipients of social solidarity benefits (with severe limited capacity) who have received benefits for at least 66 months over the previous 6 years. These individuals automatically receive a notice informing them of their admission to the program.¹

For 2024, the basic income has been set at $1,273 per month, representing an annual income of $15,276, which is indexed each year. A person who is single receives an additional $354 per month, and people with dependent minor children receive an additional $21 per child, per month.

What is new – and drastically changes the old rules – is that recipients under this program are entitled to earn income of up to $15,276, without their benefits being affected. The calculation is based on the previous year’s tax return.

Finally, recipients can have up to $20,000 in liquid assets (cash), also without affecting their benefits. For every dollar over this limit, the benefit is reduced by one dollar. For property (assets), the maximum value that does not affect the benefit is $500,000, and the principal residence is excluded from this calculation.²

If you have a dispute involving the programs of the Ministère de l’Emploi et de la Solidarité sociale (MESS), contact your nearest legal aid office without delay for a consultation with a lawyer to find out about your rights and recourses.
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¹ Please note that other people may also be eligible for the Basic Income Program.

² Please note that above certain thresholds, the income and liquidities of a recipient’s spouse may reduce the benefits paid under the Basic Income Program.

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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 *
May  2024
Number  04
Text prepared by   Me Jean-Pierre Gagnon
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.

April

 03

De Facto Spouses* and financial eligibility for legal aid

Lea and William are the parents of a 15-year-old girl named Rose. Rose chose to live with her father when her parents split up two years ago. She now wants to move in with her mother and Annabelle, her mother’s partner, but her father disagrees. Rose’s mother thus quickly makes an appointment with a more

March

 02

Conciliation Before the Administrative Tribunal of Québec: What Can I Expect?

Conciliation before the Administrative Tribunal of Québec (hereinafter the “ATQ”) is a type of process referred to as alternative dispute resolution.

But what does that actually mean? more

January

 01

Can a police complaint be withdrawn?

Perhaps you filed a police complaint against someone a few days ago and now wish to withdraw it. You should know that it may not be possible to do so.

First, it’s important to understand that when police receive a complaint, theygenerally conduct an investigation to gather as much evidence as more