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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 2024

  Month
Number
Legal brief
June
 05
Are childcare expenses taken into consideration in determining financial eligibility for legal aid?This hypelink opens a PDF file in a new window.
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 ProgramThis hypelink opens a PDF file in a new window.
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 aidThis hypelink opens a PDF file in a new window.
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? This hypelink opens a PDF file in a new window.
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?

First, you should know that the vast majority of cases involving last resort financial assistance (social assistance) are submitted to the ATQ’s conciliation service.

As for cases involving automobile insurance or crime victims’ compensation, for example, they can be referred to the conciliation service at the request of one of the parties or the Tribunal itself.

Since the COVID-19 pandemic, conciliation sessions have been held virtually. It is important to prepare for a conciliation session by reviewing your file and evaluating the options you feel are satisfactory for a possible settlement. This will help the session run more smoothly and provide aframework for discussions between the parties.

Conciliation takes place in the presence of an ATQ judge, who acts as the conciliator. It is essential to understand that the judge present at this session will not be able to sit at the hearing if the conciliation does not lead to a settlement. The reason is simple: Conciliation is a strictly confidential process in which each party is free to express its vision of the case and itsexpectations, and to make offers and counter-offers. The conciliator, who will have had access to this information, would no longer be able to act with the impartiality that is essential for a hearing before the Tribunal.

It is also crucial to remember that all information, including offers and counter-offers made during the conciliation session, cannot under any circumstances be mentioned at the hearing.

The conciliator’s role is not to take a position or render a decision at this stage, nor can he force the parties to reach a settlement. He can, however, make suggestions to the parties and provide them with information.

The conciliation session will lead to two possible outcomes: the dispute will be settled through the signing of an agreement between the parties, or the file will be referred to the ATQ so that a hearing date can be set.

You should remember, however, that it is possible for the parties to discuss the matter with each other at any time before the date set for the hearing before the ATQ, so as to arrive at a satisfactory agreement.

You can be accompanied by a lawyer during the conciliation process, so don’t hesitate to contact the legal aid office nearest your home in order have your eligibility for this service assessed.


Legal brief *
March  2024
Number  02
Text prepared by   Me Myriam Bouchard
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.
January
 01
Can a police complaint be withdrawn?This hypelink opens a PDF file in a new window.
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
 
© Commission des services juridiques Création: Diane Laurin - 2017