Regulation to amend the Regulation of the Superior Court of Québec in family matters
Since October 7, 2021, the parties in a family law case must attest to whether or not they are subject to:
• A civil protection order under section 509 of the Code of Civil Procedure or a request related to such an order;
• An order, application, agreement or decision related to youth protection;
• An order, indictment, undertaking or recognizance related to a criminal matter.
Parties who fall into any of the above situations must file a notice with the court office and, if applicable, attach documentary evidence. The same applies if the situation changes in the course of proceedings.
You can apply for financial assistance, restitution or support services if you are the victim of a criminal offence. Different options are available depending on your situation.
You can inform the court of the effects the offence had on you and describe the damage or losses you suffered by filling out the Victim Impact Statement and the Statement on Restitution. Ce recours est établi par le Code criminel.
Feel free to contact a Crime Victims Assistance Centre (CAVAC) for more information on available recourses and help with your application.
An Act to assist persons who are victims of criminal offences and to facilitate their recovery (AAPVCO)
You may receive financial assistance and support services if you are the victim of a criminal offence in Québec or abroad, under certain conditions, and if your physical or psychological integrity has been interfered with.
Since the entry into force of the Act to assist persons who are victims of criminal offences to facilitate their recovery in October 2021, the notion of victim has been broadened to allow a person whose integrity was interfered with as a result of a criminal offence committed against them, as well as their parent, child, spouse, dependent or close relations, and witnesses of the criminal offence or of the unaltered scene of the offence, to receive financial assistance and support services.
Communiquez avec la Direction de l’indemnisation des victimes d’actes criminels pour en savoir plus.
Contact the Criminal Injuries Compensation Board for more information.
In the event of a workplace accident or occupational disease
You may receive compensation if you were injured due to a criminal offence committed while you were at work.
First, you must immediately inform your employer that you were injured. Your employer must then inform the Commission des normes, de l’équité, de la santé et de la sécurité du travail du Québec (CNESST) of the situation.
If you are the spouse or the dependent of a worker who died due to a criminal offence, you may receive death benefits under certain conditions.
Contact the CNESST for more information.
In the event of a road vehicle accident
You may receive compensation if you were injured due to a criminal offence that involves a road vehicle.
If you are the spouse, the dependent or, in some cases, the child of a person who died due to a criminal offence that involves a road vehicle, you may receive compensation.
Property damage caused by a criminal offence may be covered by your liability insurance, if you have any. For more information, contact your insurer.
However, if your liability insurance does not cover hit-and-run offences, check with the Société de l’assurance automobile du Québec (SAAQ) to see if you can receive compensation for property damage.
Contact the SAAQ for more information.
In the event of lease termination for safety reasons
You can ask to terminate a residential lease due to domestic violence or sexual assault, for example if you are a victim of sexual or domestic violence.
You may also receive emergency financial assistance to enable you to quickly leave an environment that threatens your safety or your life. This financial assistance may cover some emergency expenses, such as transportation to a shelter. To access this assistance, a request must be filed by a professional or a police officer.
In the event of a suit before a court of civil jurisdiction
You can sue the known perpetrator of a criminal offence for damages in a court of civil jurisdiction if you were the victim. You can sue regardless of whether criminal proceedings were initiated against the perpetrator and whether or not the perpetrator was found guilty.
If your claim does not exceed $15,000, you may take your case to the Small Claims Division of the Court of Québec, where you must act without legal counsel.
If your claim exceeds $15,000, it is best to consult a lawyer. You can see if you are eligible for legal aid by contacting your closest Community legal centre.
Measure to protect a victim during examination or cross-examination
You can ask the judge to forbid the other party from examining or cross-examining you if the other party is self-represented and there is a context of family violence, including domestic violence, or sexual violence. The court may then order that a lawyer be appointed to do the examination or cross-examination.