Legal Aid, Administration of the Law

Question 1

What is legal aid

Answer 1

Gratuitous (free) legal services

Question 2

Who is eligible for legal aid

Answer 2

Beneficiaries of assistance under the Act respecting income support, employment assistance and social solidarity (cannot afford legal aid)

Question 3

People who fall within the bracket for legal aid: If someone falls above the category…

Answer 3

1.Single person 2.Adult +1 child 3.Adult +2 or more children 4.Spouses without children 5.Spouses +1 child 6.Spouses +2 children or more -They may still be eligible for legal aid but they will have to pay a contribution fee.

Question 4

What legal services are covered by legal aid (8)

Answer 4

Family matters, youth protection, representation of young offenders, prosecution of a criminal act, benefit claims relate to income support or employment assistance, automobile insurance, unemployment insurance and workmans compensation

Question 5

1. The study of the file
2. When legal aid is never granted

Answer 5

1. Must lead the legal aid office to believe that it is necessary to provide the legal service requested
2. Never granted in certain matters, such as defamation or libel cases and defense procedures involving parking infractions

Question 6

• What application procedure must be followed:

1. Defame
2. Libel
3. Slander

Answer 6

• An individual seeking legal aid services must apply at the legal aid office closest to their residence, all applicants must complete an application in order to establish financial eligibility for legal aid

1. To attack the good reputation of, as by slander
2. Defamation by written or printed words, pics or any form other than spoken or gestures. Crime of publishing
3. Defamation by oral utterance than by writing, pics, etc

Question 7

1. Legal disputes are resolved by the:
2. The Constitution Act 1982 divides the courts and officers between:
3. The hierarchy courts of Quebec includes:
4. The jury system exists only in criminal cases
5. Abolished for civil cases in

Answer 7

1. Courts of the law
2. Federal and prov gov
3. Courts of first instance (trial courts) and Court of Appeal
4. Only in criminal cases
5. 1976

Question 8

1. Supreme Court of Canada
2. How many judges? What do they do?
3. How to get your case to the Supreme Court. Kinds of issues that they cover
4. What do the judges examine?
5. What is appointed by the federal government?
6. How long do judges hold office until?

Answer 8

1. Highest and final court of appeal in Canada
2. Nine member bench sits in Ottawa and hear appeals of cases which have been decided before the Quebec Court of Appeal
3. Permission for leave must be obtained from the Supreme Court itself. Issues of national importance, of a consitutional nature.
4. Court record, the proceedings and evidence made at the trial, the trial judgement, the briefs that the lawyers submit and the legal arguments
5. Judges and Court Officers are appointed
6. Until age 75

Question 9

1. What is the Quebec Court of Appeal?
2. A losing party may appeal to this court concerning what?
3. An appeal is permitted when?

Answer 9

1. General appeal tribunal (court, the judges) for the province.
2. A final judgement of the Superior Court, where the amount involved is more than $60 000

• A final judgement from the Provincial Court where such court has exclusive juridiction under any law other than the Code of Civil procedure (cases involving contestation of elections)

1. Judgement of the SC for injunctions, habeas corpus, and other extraordinary remedies.
2. An appeal is permitted only with prior written permission of a judge of the Court of Appeal.

Question 10

1. The Court of Appeal Sitting on each case consists of how many judges? Are there witnesses?
2. A majority opinion
3. Where are the judges appointed from for a Court of Appeal? How long can they hold office?

Answer 10

1. 3-5 judges (odd), no witnesses are heard.
2. Sufficient to win the appeal
3. Appointed by federal government. Hold office until 75

Question 11

1. How many judges are presided for Trial Courts?
2. What is the judge’s duty?
3. The judgement may___

Answer 11

1. One judge
2. Hear the evidence of witnesses and the arguments of lawyers. To study and apply the relevant law to the issues and to render a decision called a judgement.
3. Be rendered off the bench (made immediately by the judge after the trial), or it may be rendered in writing after the trial.

Question 12

1. What is the federal court under?
   2.

Answer 12

1. Federal jurisdiction
2. Disputes between the federal gov, individuals, corporations

• accidents occuring on the federal gov property
• taxation disputes
• Appeals from decisions of federal administrative boards

Question 13

1. What does the Superior Court hear?
2. Has juridiction where?
3. Hears what kinds of disputes? (6)
4. What are the judges? How long do they hold office for?
5. What are the court officials and staff?

Answer 13

1. All matters not assigned to other courts in Quebec:
2. Has juridiction in most cases involving amounts of $85 000 or more
3. Disputes between husband and wife, legal separation, divorce, alimentary allowance, custody and bankruptcy cases
4. Federal appointees, hold office until age 75
5. Are provincial civil servants

Question 14

1. What is the provincial court under?
2. How many judges are appinted per case?
3. Provincial Court hears matters which include: (4)
4. Is there an appeal?

Answer 14

1. Provincial Jurisdiction
2. One judge hears each case
3. The claim of sums less than $85 000

• Cancellation of commercial leases, when rent and damages are less than $85 000
• Enforcement or cancellation of contracts when the values of the plaintiff’s iterest is less than $85 000
• Recovery of municipal and school taxes

1. There is no appeal generally

Question 15

1. Canadian Charter of Rights and Freedom
2. Fundamental Freedoms

Answer 15

1. Whereas Canada is founded upon principles that recgnize the supremacy of God and the rule of law
2. a)Freedom of conscience and religion

• b) Freedom of though, belief, opinion and expression, freedom of the pressand other media of communication
• c)freedom of preaceful assembly
• d)freedom of association

Question 16

1. Democratic Rights
2. Mobility Rights

Answer 16

1. Right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.
2. a)Right to enter, remain and leave Canada

• b)Every citizen and resident has the right to move and take up residency in any province. Pursue the gaining of livelihood in any province.

Question 17

Legal Rights

1-4

Answer 17

1. Right to life, security and liberty. Right not to be deprived of so, except in accordance with fundamental justice and principles.
2. Right to be secure against unreasonable search or seizure
3. Right not to be arbitrarily detained or imprisoned
4. Right on arrest or detention

• a) to be informed of the reasons
• b) to retain and Instruct counsel and to be informed of that right
• c) to have the validity of the detention determined by way of habeas corpusand to be released if the detention isn’t lawful.

Question 18

Legal Rights

5

Answer 18

1. Any person charged with an offence has the right:

• a) to be informed without the reasonable delay of the specific offence
• b) to be tried with unreasonable time
• c) not to compelled to be a witness in proceedings against that person in repsect of that offence
• To be innocent until proven guilty according to law, in a fair and public hearing and by an impartial tribunal;
• d)not to be denied reasonable bail without a just cause

Question 19

Legal Rights

1. 5 h, 6-7
   * Official Language of Canada:

Answer 19

• h) if acquitted to the offence, not to be tried for it again, not to be tried or punished for it again

1. The right not to be subjected to any cruel and unusual treatment or punishement
2. A witness who testifies in any proceedings has the right not to have any incriminating evidence to incriminate the witness in any other proceedings

• English and French are the official languages of Canada and have equality of status, rights and privileges. Could be used in all Institutions of Parliament and government of Canada

Question 20

1. Equality Rights
2. Minority Language Education Rights
3. Enforcement

Answer 20

1. Equal before and under the law and has the rught to equal protection and equal benefit of the law without driscrimination based on enthic/national origin, colour, religion,sex,age or mental/physical disability
2. Citizens who have received prim or sec school instruction in English or French in Canada have the right to put their kids in sec or prim instruction in the same language
3. Anyone whose rights and freedoms have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances

Question 21

Small Claims Court

1. A division of what?
2. What can people do?
3. Who represents them?
4. What is the purpose of this?

Answer 21

1. Provincial Court and under provincial jurisdiction
2. Peopl can sue and defend disputed by themselves, in which an amount claimed is less than $7000
3. The plaintiff and defendant must represent themselves at trial: no lawyer in courtroom
4. Reduce costs and simplify the operation of the small cases

Question 22

Municipal Court

1. What does the provincial government do?
2. What do municipal courts handle?
3. What else do they handle?
4. Who nominates the judges?
5. The members of the court staff are:

Answer 22

1. Delegates to many municipalities the right to operate local courts
2. Handle local traffic offences and violations of local by-laws (health,building codes,pollution,licenses,taxes)
3. Minor criminal cases: drunken driving, simple assault, disturbing the peace)
4. Provincial government nominates judges.
5. Municipal employees

Question 23

Office of the Administration of Justice

1. What is a lawyer or advocate?
2. What do they do? (6)
3. Do you need a lawyer?
4. Must corporations appoint a lawyer?

Answer 23

1. A professional whose role is to advise others concerning their rights and obligations under the law.
2. Advise, draw up contracts, institute and defend court cases, interrogate witnesses, plead before the courts
3. Do not require a lawyer to go to court, you can handle your own cases. If you want to someone to act on your behalf, choose a lawyer.
4. Corporations need a lawyer, except before the Small Claims Court

Question 24

1. To practice law and to qualify to be a memeber of the Bar Association of Quebec, one has to what?
2. Each Bae association keeps a: and what is the standard?
3. In Canada, a lawyer does what with the cases?
4. What happens to cases in England?

Answer 24

1. Have a recognized univeristy law degree and pass provincial Bar exam
2. vigilant administration over its members, and the standard of professional conduct required is rigorously high
3. Prepares and pleads them before the court
4. A solicitor prepares the case and a barrister pleads it before the court

Question 25

Notaries

1. What is Quebec to notaries?
2. The requirements of a notary:
3. Principle functions of notaries:
4. What do lawyers and notaries both do?

Bailifs and Sheriffs

1. What is a bailiff?
2. What is a Sheriff?

Answer 25

1. Quebec is the only province that compromises notaries as separate legal profession
2. Must have a law degree and fulfill the requirements set out by La chambre des notaires du Quebec
3. Drafting and witnessing important legal documents (marriage contracts, real estate transactions, hypothecs (mortgages))
4. Act in the winding-up of the estates of deceased persons

​Bailiffs and Sheriffs

1. Legal officer empowered to serve legal documents, make seizures of property and to bring moveable property to sale in virtue of judgement
2. Legal Officer whose duties include brining immoveables (land and buildings) to sale in virtue of a judgement

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Question 26

Court Officials

1. What is a prothonotary?
2. What is a clerk?
3. What is a Court reporter
4. What is a commissioner of oaths?

Answer 26

1. Legal Officer of the Superior Court who renders judgements in certain non-contested matters such as actions of cheques, actions for merchandise sold and delivered, and responsible for court records
2. Legal Officer of provincial court whose duties are similar to those of the prothonotary
3. Official stenographers who take down and transcribe the evidence of witnesses.
4. Person authorized by the provincial government to take oaths and sworn testaments.

Question 27

1. Legal Fees:
2. Provincial Court
3. Small Claims Court

Answer 27

1. After the use of services of a lawyer, they are required to pay a fee which is based on the lawyer’s experience and the complexity of the case
2. Lowest general trial court in each province

• All criminal cases have first appearence here
• 90% of criminal cases decided here, rest go to higher court

1. Citizen’s court for civil cases
   * Is informal, encourage citizes to enforce their legal claims themselves, no lawyers, represent themselves, max amount involves is 7k

Question 28

1. Supreme Court of Canada
2. Federal Court of Canada

Answer 28

1. Divided into two sections: one holds trails and the other hears appeals. Chief Justice appoints the judges to hear appeals, usually 3 for each case
2. Divided into trial and appellate divisions

• Hears all claims against and by fed government, disputes between properties, matters that fall under federal juridiction (except for criminal matters)
  1. Canada’s highest court. Hears appeals and not trials
• Appeals may be from any prov appeals or Fed Court of Can.
• 1 Chief, 8 judges
• Every case heard=odd number of judges to allow for majority vote decision
• 9 judges=attend matters that are important or that are of national concern

Question 29

Other Courts

1. Each province:
2. Family Court
3. Surrogate Court
4. Court of Revision
5. Citizenship Court

• Court costs

Answer 29

1. At liberty to establish other courts or to arrange its own court structure to hear special matters.
2. Hears all matters related to Family problem and family situations
3. Exists to prove authenticity of wills and administer the estates of people who dies without a will
4. Allows ppl to dispute the property assessment that has been placed on their land for tax purposes
5. Fed gov can grant legal status to those who want to be a Can cit

• Losing party pays the court costs to the other party’s lawyer. Lawyer in a successfull case receives fee from client and losing party.