Regulation to amend the Regulation of the Superior Court of Québec in family matters
Since 13 June 2019, the parties in a family law case must attest to whether or not they are subject to conditions regarding another party or their child under an order, undertaking or recognizance provided for in the Criminal Code. Any party subject to such conditions must provide the particulars in a notice filed with the court office and provide evidence of those conditions; the same applies if the conditions are replaced, varied or lifted in the course of proceedings.
The new rules stem from the Government Action Plan on Domestic Violence, in which the MJQ made an undertaking to study the possibility of amending the Regulation of the Superior Court of Québec in family matters.
As the victim of a crime, there are various ways you can obtain compensation, restitution or assistance. The recourses available depend on your specific situation.
You can inform the court of the impact of the crime, and of the damage or loss you have suffered, by completing a Victim Impact Statement et la Statement on Restitution. This recourse is established by the Criminal Code.
You can also contact a Victim of Crime Assistance Centre (CAVAC) to find out more about possible resources and to obtain assistance.
Compensation for victims of crime
If you are the victim of a crime committed in Québec, and have suffered physical or mental injury, you may be eligible for compensation and assistance.
If you are the spouse, child (under the age of 18) or dependent of a victim who has died as the result of a crime, you may also receive compensation (reimbursement of funeral costs, pension payment, etc.).
Contact the Direction de l’indemnisation des victimes d’actes criminels for more information.
Industrial accidents and occupational diseases
If you are injured as the result of a crime committed while you were at work, you may be eligible for compensation.
First, you must immediately inform your employer that you have been injured. Your employer must then notify the Commission des normes, de l'équité, de la santé et de la sécurité du travail du Québec (CNESST).
If you are the spouse or dependent of a worker who dies as the result of a crime, you may be eligible for a death benefit on certain conditions.
Contact the CNESST for more information.
Accidents involving a road vehicle
If you are injured in a crime that involves a road vehicle, you may be eligible for compensation.
If you are the spouse, dependent or, in some cases, child of a person who dies as the result of a crime that involves a road vehicle, you may be eligible for compensation.
The material damage caused by a crime may be covered by your liability insurance, if you have any. You can obtain more information from your insurer.
However, if you liability insurance does not apply in a case of failing to remain at the scene of an accident, you can contact the Société de l’assurance automobile du Québec (SAAQ) for information about compensation for material damage.
Contact the SAAQ for more information.
Termination of a residential lease to ensure your safety
You can apply for the termination of a residential lease in the event of spousal assault or sexual aggression. This includes the violent behaviour or a current or former spouse, and any form of sexual assault, including by a third party.
Proceedings in a civil court
As the victim of a crime, you can institute proceedings for damages in a civil court against the person known to be responsible for the crime. The proceedings can be launched whether or not the person has been charged with, or convicted of, the crime.
If the amount of your claim does not exceed $15,000, you can file it in the Small Claims Division of the Court of Québec, where you will be able to represent yourself without hiring a lawyer.
If the amount of your claim exceeds $15,000, you should consult a lawyer. You can check your eligibility for legal aid by contacting the nearest community legal centre.