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 2024
October
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
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August
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
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July
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?
To answer that question, it is useful to begin with a briefly explanation of thepurposes and principles of sentencing under the Youth Criminal Justice Act. These are clearly set out in s. 38 of the Act and are aimed primarily at rehabilitating and reintegrating young offenders into society. The main purpose of sentencing under the Act is therefore to foster the young person’s development, while taking protection of the public into account and holding the young person accountable for their actions. Sentencing must be tailored to the particular situation and the specific needs of each young person, while also taking into account the seriousness of the offence committed. The principles of the Act include accountability, proportionality, crime prevention, rehabilitation, repair of the harm done and timely intervention. The Act also provides that, in certain cases, the sentence can have specific deterrence and denunciation as its objectives.
When it comes to committal to custody (which corresponds to imprisonment for young persons), a court will impose it only as a last resort, after having examined all proposed alternative measures. The court must therefore conclude that no other proposed sentence would be in accordance with the purposes and principles set out in s. 38 of the Act.
Finally, returning to the original question of what sentence a young person is likely to receive, there are many elements to consider. An experienced legal aid lawyer will be able to provide a partial answer to this question once they have a complete picture of the client’s personal situation and have reviewed the evidence disclosed by the prosecution.
A young person who is required to appear in the Youth Division of the Court of Québec for a criminal offence should always contact a lawyer of their choice in order to obtain guidance through the legal process and be properly represented in court. It’s also important to note that all young persons are eligible for free legal aid.
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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 *
July
2024
Number
06
Text prepared by Me Gitane Smith
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
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 Assistanc
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April
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
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January
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
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