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

November

 10

Sexual Abuse Within the Meaning of the Youth Protection Act

The role of the Director of Youth Protection is to protect children whose security or development is in danger.

Section 38 of the Youth Protection Act sets out the grounds on which the security and de more

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 the parties have previously obtained a judgment with respect to child support alone or child and spousal support.

Parties need not be financially eligible for legal aid in order to use the HAS. The service is offered to everyone at a fixed price of $643 ($470 in fees and $173 in legal costs) of which each party pays half. Individuals who are financially eligible for gratuitous legal aid are not required to pay anything and those eligible under the contributory scheme pay the lesser of the contribution calculated in accordance with the Regulation respecting legal aid or the cost of the HAS.

The parties must choose a lawyer (either a lawyer who is a legal aid staff member or a lawyer in private practice) to draft the agreement. The agreement is then mailed to the office of the court. The agreement is subsequently homologated by the special clerk and, as a result, becomes a judgment of the Superior Court and is then executory. The parties' lawyer sends each of them a copy of the judgment.

For more information, you can consult the following link : www.csj.qc.ca


QUEBEC’S CHILD SUPPORT RECALCULATION SERVICE - (S A R P A )

The Child Support Recalculation Administrative Service (SARPA) officially known as the Service administratif de rajustement des pensions alimentaires pour enfants is a purely administrative service that allows to eligible parents to adjust child support payments for a minor child who has already been adjudicated, without re-appear at a court. The "Commission des services juridiques" (CSJ) is responsible for the administration of this service.

The only fees payable for an application are $54 payable to SARPA in a single instalment. However, parents who file a joint application divide the cost equally. Persons who are financially eligible for legal aid under the free component are exempt from payment of fees.

The adjustment request may be submitted to the SARPA by either parent or by only one parent. It refers only to support adjustment situations that do not require judicial review.

Before applying to the SARPA, parents can fill out the interactive questionnaire available at www.sarpaquebec.ca to check their eligibility for the service. Once this questionnaire has been completed, they will be able to access the SARPA application form.

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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 *
October  2024
Number  09
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.

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 Assistanc more

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