http://www.educaloi.qc.ca/ RSS 1.0 Éducaloi <educaloi@educaloi.qc.ca> http://www.educaloi.qc.ca/en/publicforum/story136 Digital Locks: a Controversial Change to Canada's Copyright Law Canada's Copyright Act is 27 years old. In that time, there has been a technological revolution: the Internet, MP3 players, file sharing, smart phones and broadcasting websites like YouTube have arrived on the scene. This new digital landscape is creating challenges for copyright rules. To modernize these rules, the federal government is proposing a new law -the Copyright Modernization Act. The changes are being hotly debated. But they will probably become law by June 2012, when the current session of Parliament ends. This article discusses one of the main features of the proposed law: digital locks. Éducaloi Éducaloi 2012-05-15T13:58:53-04:00 http://www.educaloi.qc.ca/en/publicforum/story134 Copyright: Protecting Creativity Canada's Copyright Act has two main goals: to protect existing works and to encourage the creation of new ones. The basic rule is that any work protected by copyright can't be used without the creator's permission. Éducaloi Éducaloi 2012-04-23T11:41:35-04:00 http://www.educaloi.qc.ca/en/publicforum/story133 The Constitution: a Country's Legal Framework April 17 was the 30th anniversary of the patriation of the Constitution of Canada. But what exactly is a constitution? Aside from any political issues, why is the constitution important to Quebecers? And what is "patriation"? Canada's constitution affects our daily lives, even if we don't realize it. It has rules about how government functions. It also protects important human rights. In this article, Éducaloi explains the basics of Canada's constitution. Éducaloi Éducaloi 2012-04-13T16:39:19-04:00 http://www.educaloi.qc.ca/en/publicforum/story131 Understanding Class Actions The Supreme Court of Canada is hearing two class action cases launched against the three main tobacco companies in Canada: Imperial Tobacco, Rothmans Benson & Hedges and JTI MacDonald. The first case asks for compensation for people addicted to nicotine in cigarettes. The second asks for compensation for people suffering from lung, larynx or throat cancer and emphysema caused by tobacco. Class actions let people who suffered similar harm form a group to make a single claim. In this article, Éducaloi explains the ins-and-outs of class actions. Éducaloi Éducaloi 2012-03-12T10:07:54-04:00 http://www.educaloi.qc.ca/en/publicforum/story129 Quebec Family Mediation Day Last year, the Quebec government introduced Quebec Family Mediation Day. It falls on the first Wednesday in February. This special day helps raise awareness about family mediation. Mediation lets couples negotiate an agreement about the fallout from a breakup with the help of a neutral third person. The government is planning to beef up its mediation programs. Read on to find out more. Éducaloi Éducaloi 2012-02-01T12:10:34-05:00 http://www.educaloi.qc.ca/en/publicforum/story127 The "Lola versus Eric" Case in the Supreme Court on January 18 On January 18, judges of the Supreme Court of Canada will start hearing arguments from the Attorney General of Quebec and lawyers for Eric and Lola (not their real names) on the question of support payments for common-law couples. Since decisions of the Supreme Court are final, this is the last chance for lawyers for both sides to convince the highest court in the country of their point of view. After hearing the arguments, the Court will take time to analyze the case. It will take about six months to get a decision. Éducaloi Éducaloi 2012-01-16T11:47:58-05:00 http://www.educaloi.qc.ca/en/publicforum/story126 Guy Turcotte Back Before the Review Board for Mental Disorder On January 12, the Review Board for Mental Disorder continued its hearings to decide whether Guy Turcotte must stay in hospital. Éducaloi Éducaloi 2012-01-12T11:36:38-05:00 http://www.educaloi.qc.ca/en/publicforum/story125 New Year's Resolutions: How Laws Also Get a Fresh Start Did you know that once Parliament in Ottawa has approved a federal law, it can still sit on the shelf for years before taking effect? This happens when the law doesn't have a specific date for "coming into force", which means to take effect. Laws sitting on the shelf for 10 years can get cancelled in a clean-up that happens every December 31. But how does this work? Éducaloi Éducaloi 2011-12-27T15:50:37-05:00 http://www.educaloi.qc.ca/en/publicforum/story121 The Shafia Trial: Murder and Conspiracy to Commit Murder Mohammad Shafia, his wife Tooba Mohammad Yahya, and their son Hamed Mohammad Shafia have been charged with first-degree murder and conspiracy to murder. The victims? Mohammad Shafia's three daughters and his first wife. How can three people be charged with two crimes for only one act that occurred in Kingston, Ontario? Read on. Éducaloi Éducaloi 2011-12-07T15:28:26-05:00 http://www.educaloi.qc.ca/en/publicforum/story120 The Case of Dr. Guy Turcotte: the Sequel Have you heard of the case of Guy Turcotte? He is the doctor found not guilty of killing his two children because of a mental disorder. The Review Board for Mental Disorders is now evaluating his condition. What is this Board and what powers does it have? Éducaloi Éducaloi 2011-11-07T10:42:37-05:00 http://www.educaloi.qc.ca/en/publicforum/story116 Appeals to the Supreme Court of Canada A person who "appeals" to the Supreme Court wants that court to take another look at a decision made by a lower court, such as the Court of Appeal of Quebec. The person appealing disagrees with the lower court decision. But what is the Supreme Court of Canada? What kinds of cases does it accept? And what kinds of decisions can it make? Éducaloi Éducaloi 2011-09-13T13:44:34-04:00 http://www.educaloi.qc.ca/en/publicforum/story111 Organ Donations: Giving the Gift of Life In Quebec, when someone needs an organ transplant, she is put on a waiting list managed by Québec-Transplant. At the end of 2010, there were 1,240 people on the waiting list. Did you know that 1 donor can save up to 8 lives, and improve the health of 15 other people? This generous gesture can make all the difference to your fellow citizens! Éducaloi Éducaloi 2011-05-19T14:50:30-04:00 http://www.educaloi.qc.ca/en/publicforum/story109 Check those crumpled receipts! Do you check your grocery receipts? What if a store forgets to give you the advertized special price for your BBQ chicken? This kind of mistake can happen. But it is not always intentional! People make honest errors. Intentional or not.... if the cash register shows a price higher than advertized, which price do you have to pay? Éducaloi Éducaloi 2011-04-05T13:38:35-04:00 http://www.educaloi.qc.ca/en/publicforum/story108 Picking an Apartment: Is the Sky the Limit? When it comes to picking an apartment, is the sky the limit? Well.........the size of your wallet might mean you have to say "sayonara" to that luxury loft in Old Montreal! And what about landlords? Can they refuse to rent to you? Éducaloi Éducaloi 2011-03-15T16:06:12-04:00 http://www.educaloi.qc.ca/en/publicforum/story107 A charitable donation = receipt for taxes? Not always. You've just donated to a charity. You're expecting a receipt for your donation in the mail. You know that donations can help reduce your income taxes, but only if you have that receipt! But will you automatically get a tax receipt for a charitable donation? Not always. Éducaloi Éducaloi 2011-02-08T15:06:08-05:00 http://www.educaloi.qc.ca/en/publicforum/story105 "I'm leaving, and I'm taking the kids with me!" "You are? And what if the kids want to stay with me instead?" "They're coming with me and that's the end of it." Éducaloi Éducaloi 2011-01-25T15:03:30-05:00 http://www.educaloi.qc.ca/en/publicforum/story104 Support for Common-Law Couples: Update on the "Lola" Case On December 15, 2010, the Quebec government made an important announcement. It is asking the Supreme Court of Canada to review a decision of the Quebec Court of Appeal about whether common-law couples can ask each other for support payments. Éducaloi Éducaloi 2010-12-16T17:43:40-05:00 http://www.educaloi.qc.ca/en/publicforum/story103 Driving and Alcohol: "But I wasn't even drunk!" Don't fool yourself! Sometimes it's not whether you were drunk, failed a breath test or went over the famous 0.08 milligram limit. Éducaloi Éducaloi 2010-12-03T11:42:36-05:00 http://www.educaloi.qc.ca/en/publicforum/story102 The 2010 Lola Decision: Support for Common-Law Partners Gets the Green Light? Did you see the headlines recently? You might have heard about the "Lola" court case and how common-law partners can now get support payments from a former partner. Is this really true? If so, why the change? Éducaloi Éducaloi 2010-11-05T14:28:23-04:00 http://www.educaloi.qc.ca/en/publicforum/story101 Support payments for common-law partners? The Quebec Court of Appeal just decided an important case that could affect obligations between common-law couples. Éducaloi Éducaloi 2010-11-04T09:09:58-04:00 http://www.educaloi.qc.ca/en/publicforum/story100 Being Loyal to Your Employer Do you text your friends while you are at work? Do you watch YouTube videos? Do you make personal use of office equipment? If you have answered yes to any of these questions, you may be violating your duty of loyalty to your employer. Éducaloi Éducaloi 2010-10-29T12:53:07-04:00 http://www.educaloi.qc.ca/en/publicforum/story99 Psychological Harassment in the Workplace A colleague is constantly on your case? Your supervisor never misses an opportunity to humiliate you in front of others? You may be a victim of psychological harassment in the workplace. Éducaloi Éducaloi 2010-09-21T08:57:33-04:00 http://www.educaloi.qc.ca/en/publicforum/story98 Seniors' Residences Éducaloi Éducaloi 2010-09-14T11:50:19-04:00 http://www.educaloi.qc.ca/en/publicforum/story97 The Truth, the Whole Truth and Nothing But the Truth The Court of Appeal recently acquitted a famous ex-hockey player of giving "contradictory evidence". But what exactly is the offense of giving "contradictory evidence"? Éducaloi Éducaloi 2010-08-18T13:46:27-04:00 http://www.educaloi.qc.ca/en/publicforum/story96 Taking a Leave of Absence for Personal or Family Reasons Wedding, birth, adoption, funeral... Does the law allow you to take some time off work? Éducaloi Éducaloi 2010-08-13T12:45:16-04:00 http://www.educaloi.qc.ca/en/publicforum/story93 Different Ways of Becoming a Parent We hear more and more about the use of in vitro fertilization, artificial insemination and the use of surrogate mothers to enter the world of parenthood. But, what does the law say about these new techniques and arrangements? Éducaloi Éducaloi 2010-06-02T12:08:54-04:00 http://www.educaloi.qc.ca/en/publicforum/story92 High School Students Admitted to the Faculty of Law! On May 7th, 170 high school students and their teachers spent the day at McGill University's Faculty of Law. This event, organized by Éducaloi in collaboration with the Faculty, gave students a chance to attend a plenary session, workshops and talks on different legal topics. Éducaloi Éducaloi 2010-05-13T15:14:16-04:00 http://www.educaloi.qc.ca/en/publicforum/story91 A New Charities Section! Visit our new Charities section, where you'll find lots of useful information on how to become a registered charity and how to keep registered charity status. Éducaloi Éducaloi 2010-04-20T11:00:19-04:00 http://www.educaloi.qc.ca/en/publicforum/story83 Victim of Identity Theft? Grrr! Pierre has just been told by a collection agent that he owes $2,000 to Gold Bars Bank. According to the agent, Pierre used up his credit limit and has failed to make a single payment on the debt. "What's going on?" Pierre asked the agent. "I don't even have an account with Gold Bars Bank!" Éducaloi Éducaloi 2010-01-25T16:15:07-05:00 http://www.educaloi.qc.ca/en/publicforum/story79 The Court of Appeal Reduces Vincent Lacroix's "First" Sentence The news was hard to miss: the Court of Appeal reduced the prison sentence of Vincent Lacroix. It is the third court to take up the case, but not the last: his criminal trial has only just begun. Éducaloi Éducaloi 2009-09-15T11:36:54-04:00 http://www.educaloi.qc.ca/en/publicforum/story78 Photos, turbans, kirpans, etc. If a law infringes the religious beliefs of certain people, how do judges decide if it should remain in force? They use a test. A test? Yes, they ask a series of questions and the answers determine which way the scales of justice will tilt. Éducaloi Éducaloi 2009-08-21T15:12:48-04:00 http://www.educaloi.qc.ca/en/publicforum/story77 Biking in the urban jungle You can never forget how to ride a bike. But cyclists tend to get forget the rules of the road. Are you allowed to ride on the sidewalk? Can you cross an intersection when the "little white man" appears but the traffic light is still red? Who has the right of way in traffic? Éducaloi Éducaloi 2009-07-30T11:14:08-04:00 http://www.educaloi.qc.ca/en/publicforum/story76 Understanding the "Lola" Judgment: No Support for Common-Law Couples Hear the name "Lola" and you might think about a court case about common-law partners who want the same rights as married couples. When it comes to offering protection, the law in Quebec often overlooks common-law partners. Éducaloi Éducaloi 2009-07-17T15:01:41-04:00 http://www.educaloi.qc.ca/en/publicforum/story75 Supervised releases Is it really possible to be released from prison or from a penitentiary after having served only 1/6 of the sentence? Yes, but it's not that simple! Éducaloi Éducaloi 2009-07-09T17:20:01-04:00 http://www.educaloi.qc.ca/en/publicforum/story74 Protection against lawsuits that muzzle citizens An industrial complex wants to move into your neighbourhood and asks your town to change its zoning laws. You gather your neighbours to protest against this project. In the morning, a bailiff hands you papers: the industrial complex is suing you for 1 million dollars for "tarnishing its reputation". Éducaloi Éducaloi 2009-06-12T22:54:36-04:00 http://www.educaloi.qc.ca/en/publicforum/story73 Better income protection for workers It's not easy to survive on minimum wage. It's also not easy to get your last cheque of employment insurance benefits, especially when you know that the only thing left after that is welfare. Certain laws have recently been changed which ought to make things a little bit better for workers. Éducaloi Éducaloi 2009-05-21T09:06:18-04:00 http://www.educaloi.qc.ca/en/publicforum/story72 My mom says yes, my dad says no! Do you remember that child in Gatineau who was punished by her father? She wasn't allowed to go on her school's year-end class trip. The girl asked the Court's permission to go anyways. The Court agreed to let her go after examining the tense relationship between her divorced parents. Although the girl has long since returned from her class trip, the Court of Appeal agreed to examine this unusual case. The highest Quebec court's decision allows everyone to understand when and why a judge should accept this type of request. Éducaloi Éducaloi 2009-04-10T11:54:19-04:00 http://www.educaloi.qc.ca/en/publicforum/story71 The patient who runs out of patience It's hard to be hospitalized...to be far from home, feeling ill and suffering. To get through it all, it's important to have quality care from staff that is courteous, respectful and available. It's not surprising that quality of care and professionalism of hospital staff are now a patients' rights. Éducaloi Éducaloi 2009-03-18T08:54:26-04:00 http://www.educaloi.qc.ca/en/publicforum/story70 A broken heart, an empty wallet You fell in love at first sight and you are still very much in love. First, you got an apartment together, then a cat, a house and eventually, you had your first baby. His salary covers the mortgage and property taxes; yours, the household expenses. Every month, you end up paying the same things, probably because it's just simpler that way. There is one hitch: you aren't married, you don't want to get married, and you never thought of drawing up paperwork between you and your partner. And so far, it has all worked out just fine. Except... Éducaloi Éducaloi 2009-02-19T10:46:46-05:00 http://www.educaloi.qc.ca/en/publicforum/story69 Burning fat and your money? This is the year to do it. You have finally decided to take the ultimate step, no one will stand in your way and nothing can stop you. You take a deep breath... and sign up for a gym membership. You happily think to yourself that soon, those love handles will all disappear, and you won't be out of breath at the top of a flight of stairs. Éducaloi Éducaloi 2009-01-14T10:03:29-05:00 http://www.educaloi.qc.ca/en/publicforum/story68 The Ethics and Religious Culture Course: as Compulsory as Attending School? Since September 2008, all Quebec students must take the Ethics and Religious Culture course. Not everyone agrees with imposing this course on children. Some parents have attended protest marches. Others turned to the courts. Some even want to remove their children from the class while the course is being taught. What does the Education Act have to say about this? Éducaloi Éducaloi 2008-12-12T11:50:28-05:00 http://www.educaloi.qc.ca/en/publicforum/story67 An agent for financial matters... "Paid for and authorized by the official agent of the&nbsp;... party". We sure heard that one a lot this year! In Quebec, a political party or candidate must be able to explain his spending during the election campaign. That is precisely what an official agent does. Éducaloi Éducaloi 2008-11-20T22:08:31-05:00 http://www.educaloi.qc.ca/en/publicforum/story65 Reducing unwanted telemarketing calls... The National Do Not Call List Are you frustrated by calls from telemarketers that interrupt you during dinner time? You can now register your home phone, cellular phone and fax machine numbers on the National Do Not Call List (DNCL). Registering will reduce the number of unwanted telemarketing calls you will receive, and it's free! Éducaloi Éducaloi 2008-10-20T14:25:43-04:00 http://www.educaloi.qc.ca/en/publicforum/story64 A Right to Demonstrate? The Freedoms of Expression and Peaceful Assembly The freedom to meet with others and express an opinion is fundamental to the democratic system. Without it, the public would not be able to voice their opinions and hold the government and public officials accountable for their actions. Éducaloi Éducaloi 2008-09-23T12:03:13-04:00 http://www.educaloi.qc.ca/en/publicforum/story62 With a light foot and a free hand... Looking to hit the open road this summer? Don't forget that there are new rules that now apply to all who use Quebec's roadways. Drivers have already received several thousands of dollars in fines for speeding, and the grace period for using cell phone while driving will end on June 30th. Éducaloi Éducaloi 2008-06-05T14:17:22-04:00 http://www.educaloi.qc.ca/en/publicforum/story61 Sniffer dogs also need a warrant sometimes A passenger gets off a bus at a Calgary bus station. An RCMP officer, watching the people passing by, thinks that the passenger looks suspicious. He decides to have the passenger's bag sniffed by a specially trained dog. The dog gives the agreed upon signal and the officer arrests the passenger and then searches him. The bag contains drugs. A principal in Sarnia is worried about drugs in his school. He allows police officers to inspect the school with the help of sniffer dogs. One of the dogs stops in front of a student's backpack. The police officer opens the backpack. Again, drugs are found. Éducaloi Éducaloi 2008-05-16T13:44:43-04:00 http://www.educaloi.qc.ca/en/publicforum/story60 Criticising an elected representative is politics. Defaming him leads to liability... A citizen cannot discredit the honesty of an elected representative, without proof, out of concern for the public good. A South Shore resident has recently learned this, at his own expense. The Superior Court has ordered him to pay $40,000 in damages for raising doubts about the reputation of his ex-mayor. Éducaloi Éducaloi 2008-04-16T16:35:59-04:00 http://www.educaloi.qc.ca/en/publicforum/story58 Exposing Hidden Defects A seller sells and a buyer buys. Is that the end of the story? No. It is still possible that the house, car, or computer that was sold had defects that were not apparent at the time of the sale. These are called hidden defects and the fact that they have materialized can influence the sale or the price, or even engage the liability of the seller. Éducaloi Éducaloi 2008-03-25T14:21:13-04:00 http://www.educaloi.qc.ca/en/publicforum/story57 Current Event...The Canadian government changes the law on security certificates On February 14, 2008, the government passed a new law on security certificates. This was done in response to a 2007 Supreme Court of Canada decision that the government's security certificates violated the Canadian Charter. The changes include the creation of a "special advocate" and new rules on detention. Éducaloi Éducaloi 2008-03-06T13:13:53-05:00 http://www.educaloi.qc.ca/en/publicforum/story56 Current event... A judge must follow certain steps before rejecting a sentence proposed by both lawyers The Quebec Court of Appeal recently overturned a judge of the Court of Quebec who had refused to impose the sentence that the two lawyers had suggested to him. Éducaloi Éducaloi 2008-02-11T16:20:52-05:00 http://www.educaloi.qc.ca/en/publicforum/story55 Current event...the Highway Safety Code will be more severe Last December, the government adopted a bill to change the Highway Safety Code and the Regulation respecting demerit points. The new rules, some of which will come into effect this year, may impact all drivers. Do you know these rules? Éducaloi Éducaloi 2008-01-29T17:12:16-05:00 http://www.educaloi.qc.ca/en/publicforum/story54 Current event... the myths about de facto unions are still around! A recent survey conducted by the Chambre des notaires du Québec revealed that most couples in a de facto or common law union are ill-informed about their rights. Many think that after living together for several years, they can count on the same protections as married couples. But, this is false! Éducaloi Éducaloi 2007-11-28T13:33:15-05:00 http://www.educaloi.qc.ca/en/publicforum/story52 Current Event...The Supreme Court decides that security certificates are invalid The Supreme Court of Canada recently decided that security certificates violate the Canadian Charter. This decision could be an example for other countries where the fight against terrorism is being scrutinized by the courts. Éducaloi Éducaloi 2007-02-27T15:23:05-05:00 http://www.educaloi.qc.ca/en/publicforum/story48 Drugged with GHB, beaten and robbed The recent mugging of a Montreal couple who were drugged with GHB at a concert hall and then beaten and robbed has brought "rape drugs" into the public eye once again. Éducaloi Éducaloi 2006-11-21T14:44:16-05:00 http://www.educaloi.qc.ca/en/publicforum/story47 Laval police arrest 8 people accused of drug trafficking Just like the arrests in Longueuil, many arrests related to drug trafficking have recently taken place in Laval. Seven men and one woman have been arrested after police searched six residences and seized marijuana, cocaine, and weapons, among other things. Éducaloi Éducaloi 2006-09-22T16:22:19-04:00 http://www.educaloi.qc.ca/en/publicforum/story46 Current Event... The Supreme Court decides in favour of retroactive payment of child support The Supreme Court of Canada recently rendered a long-awaited judgment in which it examined the question of whether a parent can ask for retroactive payment of child support. Éducaloi Éducaloi 2006-08-08T16:30:59-04:00 http://www.educaloi.qc.ca/en/publicforum/story45 Current Event... Rael loses his defamation case before the Superior Court Columnist Denis Gratton and his employer, Le Droit newspaper, will not have to compensate Claude Vorhilon, also known as Rael, nor the Raelian Church, thus ending a defamation lawsuit based on a column written by Gratton in January 2003. Éducaloi Éducaloi 2006-07-07T14:49:07-04:00 http://www.educaloi.qc.ca/en/publicforum/story44 Current Event&nbsp;... Canada's Anti-terrorism Law Back In The News The recent arrests of 12 adults and five youth in Ontario on terrorism-related charges have brought the Anti-terrorism Act back into the news. The arrests, which took place on June 2nd and June 3rd 2006, are the largest operation ever carried out under the Anti-terrorism Act. Éducaloi Éducaloi 2006-06-12T14:46:08-04:00 http://www.educaloi.qc.ca/en/publicforum/story38 Current Event...A greater number of Quebecers now eligible for legal aid As of January 26, 2006, a greater number of Quebecers are entitled to receive legal aid. The provincial government increased the maximum income thresholds for legal aid, both for single individuals and families. Éducaloi Éducaloi 2006-02-21T14:06:35-05:00 http://www.educaloi.qc.ca/en/publicforum/story37 Current Event...Quebec introduces new Parental Insurance Plan As of January 1, 2006, Quebec parents can take advantage of a new provincial plan replacing maternity and paternity benefits previously provided by the federal employment insurance program. Éducaloi Éducaloi 2006-01-12T09:37:17-05:00 http://www.educaloi.qc.ca/en/publicforum/story36 What a Story... Red-nosed Rudy Rudy is driving back home happily after her office holiday party. Everyone had a great time and the wine certainly flowed...all of a sudden, she sees a police car in her rearview mirror, signaling to pull over. Rudy starts worrying: Did she have too much to drink? Can she refuse to give a breath sample to the police? What's going to happen to her? Éducaloi Éducaloi 2005-12-16T14:14:47-05:00 http://www.educaloi.qc.ca/en/publicforum/story28 I do...or do I? Most of the time, Bruno and Maude get along amazingly well. But since Bruno's mother stayed over last weekend, the couple hasn't gone a day without arguing. Bruno has taken his mother's side on a pretty big issue: he believes that now that Maude is pregnant, the two of them should get married. Maude disagrees... Éducaloi Éducaloi 2005-07-27T16:09:54-04:00