Law FAQ’s

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A young child has contacted me with concerns about their treatment in the care of Child and Family Services. Who can I contact for assistance?
Jul. 20, 2010
The Office of the Children's Advocate provides support and advocacy for individuals involved in the Child and Family Services system. They can be contacted at:
988-7440 or 1-800-263-7146
They are located at:
100 - 346 Portage Avenue.

After a dispute, a neighbour has been calling me numerous times a day and hanging up on me. Is there anything that I can do about this?
Jul. 20, 2010
You can inform the local police or R.C.M.P. station. It is a crime to make harassing phone calls to another person. - Section 372 (3) of the Criminal Code.

After I move out, how long does my landlord have to return my damage (security) deposit?
Jul. 20, 2010
If your landlord has no claim against the damage deposit (for example the unit was not damaged) your landlord has 14 days after the date of of the termination of your tenancy to return the damage deposit, as well as any interest.
If there is a claim for damage, your landlord has 28 days after the date of the termination of the tenancy to inform you of the claim by written notice. If your landlord's claim is less than the damage deposit, the excess must be returned to you.

After my spouse and I separated, I took all of the money out of the joint account to pay bills because I am not employed. What happens now?
Jul. 20, 2010
You may have to account back to your spouse for your spouse’s share of the money in the joint account. However, this depends upon what property your spouse has in their possession and what you have. Property is supposed to be equally divided when individuals separate.

Am I entitled to any share of property if my common law spouse of 10 years was never divorced from his/her spouse?
Jul. 20, 2010
Yes. You are entitled to a share of property from the date that you started living with your common-law spouse until the date that you separated.

Am I entitled to be paid for acting under a Power of Attorney?
Jul. 20, 2010
You are not automatically entitled to be compensated for your work as an attorney. If the Power of Attorney document does not set out any rate of compensation you could request fair and reasonable compensation from the court.

Am I entitled to receive extra child support to cover expenses like medical care for my child?
Jul. 20, 2010

Are all criminal offences heard before a judge and jury?
Jul. 20, 2010
No. All summary conviction offences, including hybrid offences which are being dealt with summarily, are heard by a Provincial Court judge without a jury. Some less serious indictable offences also must be tried by a Provincial Court judge. There are some very serious indictable offences that may only be tried by a judge of the Court of Queen's Bench with a jury. Such offences include murder and conspiracy to commit murder. Other indictable offences allow an accused person to choose (or elect) whether to be tried in Provincial Court, in the Court of Queen's Bench by a judge and jury, or in the Court of Queen's Bench by a judge alone.

Are there any benefits that should be applied for from the Government of Canada?
Jul. 20, 2010
There are survivor benefits under the Canada Pension Plan, called surviving spouse's pension, orphan's benefits, and death benefits. Contact CPP for more details. 1-800-277-9914. www.servicecanada.gc.ca/eng/se/cpp

Are there any documents besides a passport that I will need to travel alone with my child?
Jul. 20, 2010
A consent letter may be required in addition to a passport for children traveling with only one parent, legal guardian, or supervising adult. The Department of Foreign Affairs and International Trade Canada has a sample consent letter for travel with a child. Documents providing evidence of the custody arrangements for separated or divorced parents may also be helpful. A copy of the court order granting guardianship for legal guardians may be requested. You may want to contact the embassy or consulate for the country for additional entry requirements. The Department of Foreign Affairs and International Trade Canada can be contacted at:

Tel.: 1-800-267-6788 (in Canada and the U.S.) or 613-944-6788
TTY: 1-800-394-3472 (in Canada and the U.S.) or 613-944-1310
http://www.voyage.gc.ca/main/contact_menu-en.asp

Are there any expenses besides my mortgage payments and utilities that I should consider when trying to purchase a home?
Jul. 20, 2010
Your monthly housing costs will also include taxes and insurance. The actual purchase of a home has additional expenses, like lawyer fees, land transfer tax, application fees, property tax adjustment, home inspections, moving costs, mortgage loan insurance premium, appraisal fees, deposit (at least 5%), property insurance, survey or certificate of location, water tests, septic tank inspection and title insurance. Other Costs: Appliances, gardening Equipment, snow-clearing equipment, window treatments, decorating materials, hand tools, renovations/repairs, service connection fees and condo fees.

Are there any programs that can help my spouse and I with putting our decisions as to custody, support and property division into a written agreement?
Jul. 20, 2010
Manitoba Family Services and Housing has a Family Conciliation department that offers a number of programs. If your spouse and you both agree you can attend their mediation program and a trained mediator will assist you with working out all of the issues that arise from separation. You may choose to take your agreement and have it finalized by a family law lawyer. Family Conciliation can be contacted at:

945-7236 or 1-800-282-8069
http://www.manitoba.ca/fs/childfam/family_conciliation.html

Are there any records that our not-for-profit organization should be maintaining?
Jul. 20, 2010
The following records should be kept:
(Section 20 of the Corporations Act)

- Articles of Incorporation
- By-laws
- Amendments ti Articles and By-laws
- Minutes of all meetings of board and committees
- Resolutions
- List of all directors, with addresses, occupations, and dates of service.
- Accounting records

Are there certain offences where a youth is presumed to get an adult sentence?
Jul. 20, 2010
Not any more. On May 16, 2008, in the case of R. v. D.B. the Supreme Court of Canada struck down the provisions in the Youth Criminal Justice Act that listed presumptive offences for which an adult sentence would be imposed where the young person is 14 years of age or older.
http://www.canlii.org/en/ca/scc/doc/2008/2008scc25/2008scc25.html

Are there different types of financial assistance through Legal Aid?
Jul. 20, 2010
Legal Aid offers three kinds of financial help:
Free Legal Aid - you can have all legal costs paid
Partial Pay-back Legal Aid - you have to pay back Legal Aid for some legal fees (by monthly payments)
Full Pay-back Legal Aid - you have to pay Legal Aid back for all the legal fees (by monthly payments)
http://www.legalaid.mb.ca

Are there guidelines for spousal support similar to the ones for child support?
Jul. 20, 2010
The Spousal Support Advisory Guidelines can be accessed at:
http://www.justice.gc.ca/eng/pi/fcy-fea/spo-epolg-id/spag/index.html
The Guidelines are just advisory, not mandatory so the courts are not required to follow them when making an order for spousal support.

Are there special laws for young persons who commit an offence?
Jul. 20, 2010
The Youth Criminal Justice Act applies to violations of federal laws, including the Criminal Code, by young persons between the ages of 12 and 17. The Youth Criminal Justice Act recognizes that young persons should be responsible for their actions, yet they should not be held accountable in the same way or face the same consequences as adults in all circumstances.
http://laws.justice.gc.ca/en/y-1.5/

Can a car dealership sell me a vehicle that is not safetied?
Jul. 20, 2010
A dealership must provide you with a Certificate of Inspection (or “safety”) if they are selling you a used vehicle. If the vehicle is new, you should receive a New Vehicle Information Statement.

For more information see:
http://www.mpi.mb.ca/english/registration/reg_safetyandinspection.html

Can a collection agent call me at my place of employment?
Jul. 20, 2010
A collection agent can contact you at your place of employment. However, if the contact becomes frequent or harassing in nature, you may want to speak to the Consumer Protection Office about your concerns. The Consumer Protection Office is in charge of licensing collection agents in the province of Manitoba:

945-3800 or 1-800-782-0067
http://www.gov.mb.ca/fs/cca/cpo/

Can a collection agent contact me on the weekend?
Jul. 20, 2010
A collection agent cannot contact you to demand payment on a Sunday or a holiday. They also cannot contact you on a Saturday before 7:00 a.m. and after 9:00 p.m. They also cannot contact you any other day of the week before 7:00 a.m. and after 9:00 p.m.

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