Quebec | CCEL Practical Guide

This section reviews:

A snapshot of the law in Quebec
Key laws and regulations
Adult protection provisions under the Act to Combat maltreatment of seniors and other persons of full age in vulnerable situations
Reporting exploitation under the Charter of Human Rights and Freedoms
Reporting abuse by a regulated health care professional
Legislation applying to confidentiality, privacy, and privilege
Criminal prosecution policies
Family violence protections
Financial abuse by substitute decision-makers
Employment protections
Immigration sponsorship and income assistance
Key government and community contacts

1. Snapshot

The Act to Combat maltreatment of seniors and other persons of full age in vulnerable situations requires health care providers, social service providers, and individuals belonging to a professional order to report maltreatment if the person is:

A resident of residential or long-term care; or
A protected person who is under a protection mandate, curatorship, or tutorship, regardless of where the person lives.

Maltreatment means a single or repeated act, or a lack of appropriate action, that occurs in a relationship where there is an expectation of trust, and that intentionally or unintentionally causes harm or distress to a person.

The professional must report the maltreatment to the local Service Quality and Complaints Commissioner if the person is receiving services from an agency. Otherwise, the report should be made to the police.

Under the Charter of Human Rights and Freedoms, exploitation of older people can be reported to the Commission des droits de la personne et des droits de la Jeunesse. Exploitation is defined as “taking advantage of someone’s vulnerability or dependency to deprive them of their rights.” The Human Rights Commission cannot help if the person is subject to physical abuse or sexual abuse but is not a vulnerable adult.

A person experiencing violence can apply to Superior Court for a protection order. Another person or organization can also apply for the protection order if the person experiencing violence consents, or the court authorizes this.

An employee can take leave up to 26 weeks each year if they have experienced domestic violence or sexual violence. They can take up to 104 weeks if they have experienced serious bodily harm from a criminal offence and cannot work due to the injury.

An older person who is a sponsored immigrant is eligible for provincial financial assistance if the sponsor is not fulfilling their obligations. If contacting the defaulting sponsor could lead to violence, the government may forgive part or all of the default amount.

2. Key Laws and Regulations

3. Act to Combat Maltreatment of Seniors and Other Persons of Full Age in Vulnerable Situations

The Act to Combat maltreatment of seniors and other persons of full age in vulnerable situations (Combat Maltreatment Act)^[12] requires organizations in Quebec to develop and enforce policies that address and respond to abuse of older people and vulnerable adults. The law also requires designated professionals to report abuse in certain situations.^[13]

3.1 Purposes

Guiding principles set out the law’s purpose to combat abuse of vulnerable and older adults:

1. This Act provides measures to combat maltreatment of seniors and other persons of full age in vulnerable situations, such as requiring every institution to adopt and implement a policy to combat maltreatment of such persons, facilitating the reporting of cases of maltreatment and establishing an intervention process with respect to maltreatment of seniors and other persons of full age in vulnerable situations.^[14]

The preamble describes why this legislation is needed, and the government’s position that abuse of older and vulnerable adults is unacceptable:

AS Québec society places value on the well-being of persons and respect for their fundamental rights;
AS, despite existing legislative and administrative measures to combat maltreatment, persons are still falling victim to it, particularly persons in vulnerable situations;
AS Québec has one of the world’s populations most impacted by aging and certain seniors are in vulnerable situations;
AS maltreatment is unacceptable and the State deems it essential to intervene in order to reinforce existing measures to combat maltreatment of persons in vulnerable situations, in a manner that protects their interests and autonomy.^[15]

3.2 Definition of maltreatment

The Combat Maltreatment Act defines “maltreatment”, not elder abuse, and does not state the types of abuse captured. The broad definition could include physical abuse, psychological abuse, sexual abuse, financial abuse, and neglect.

“maltreatment” : means a single or repeated act, or a lack of appropriate action, that occurs in a relationship where there is an expectation of trust, and that intentionally or unintentionally causes harm or distress to a person.^[16]

The Act does not define who is a senior, but does define who is a person in a vulnerable situation.

“person in a vulnerable situation” : means a person of full age whose ability to request or obtain assistance is temporarily or permanently limited because of factors such as a restraint, limitation, illness, disease, injury, impairment or handicap, which may be physical, cognitive or psychological in nature.^[17]

An institution is defined as an institution within the health and social services network. This includes both public and private institutions, residential and long-term care centres, private seniors’ residences, and home care services.^[18]

3.3 Anti-Maltreatment Policy

Under the Act, all institutions that provide health and social services must have an anti-maltreatment policy covering vulnerable adults who receive health and social services.^[19] This policy must set out measures to prevent abuse, and what to do when a person is being abused or neglected. The policy must include specific information:

The policy must include
1. the person responsible for implementing the policy and their contact information;
2. the measures put in place to prevent maltreatment of persons in vulnerable situations who receive health
3. services and social services, such as awareness, information and training activities;
4. the procedure allowing such persons who believe they are victims of maltreatment to file a complaint with the local service quality and complaints commissioner;
5. the procedure allowing any other person, including a person who does not work for the institution, to report to the local service quality and complaints commissioner any alleged case of maltreatment of a person in a vulnerable situation who receives health services and social services;
6. the support measures available to help a person file a complaint or report of maltreatment;
7. the measures put in place by the local service quality and complaints commissioner to preserve the confidentiality of any information that would allow the person reporting a case of maltreatment to be identified;
8. the sanctions, in particular disciplinary sanctions, that could be applied in cases of maltreatment; and
9. the required follow-up in response to any complaint or report of maltreatment and the time limit for carrying it out.^[20]

The policy must be posted in the facility and on the website. Clients, families of clients, and people working at the institution must be informed about the policy. External service providers must also follow the anti-maltreatment policy. The policy must be reviewed every five years.^[21]

3.4 Reporting abuse and neglect

Under the Act, a health care provider, a social service provider, or a person belonging to a professional order must report maltreatment if the person is:

A resident of residential or long-term care; or
A protected person who is under a protection mandate, curatorship, or tutorship, regardless of where the person lives.^[22]

The professional must report the maltreatment to the local Service Quality and Complaints Commissioner (Commissioner) if the person is receiving services from an agency. Otherwise, the report should be made to the police.^[23]

Lawyers and notaries are excluded from the mandatory reporting requirement where they learn of maltreatment in the context of their practice. Any other profession that has confidentiality or secrecy requirements is required to report maltreatment if they discover it through their work.^[24]

OBLIGATION TO REPORT CERTAIN CASES OF MALTREATMENT
21. Any health services and social services provider or any professional within the meaning of the Professional Code (chapter C-26) who has reasonable grounds to believe that a person of full age is a victim of a single or repeated act, or a lack of appropriate action, that seriously undermines the physical or psychological integrity of the person must report it immediately if
- (1) the person is lodged in a facility maintained by an institution operating a residential and long-term care centre within the meaning of the Act respecting health services and social services (chapter S-4.2); or
- (2) the person is under tutorship or curatorship, or is a person for whom a protection mandate has been homologated.
The report is filed with the local service quality and complaints commissioner of the institution where the person receives services, if applicable, or, in any other case, with a police force, to be handled in accordance with Chapter II or Chapter III, as applicable.
This section even applies to persons bound by professional secrecy, except lawyers and notaries who receive information about such a case in the exercise of their profession.^[25]

Other individuals are not required to report maltreatment. However, they can report maltreatment of a vulnerable adult who is receiving health or social services to the Commissioner.^[26]

Under the Act, the Commissioner is required to address all reports of potential maltreatment.^[27]

3.5 Annual reporting

The Minister Responsible for Seniors is responsible for combatting maltreatment of seniors. A Quebec-wide framework must be in place to address maltreatment of seniors.^[28]

The Commissioner, in their activity summary to each institution, must discuss complaints they have received about maltreatment of vulnerable adults, while maintaining confidentiality. The Minister of Health and Social Services must also present reports on maltreatment of vulnerable adults annually to the National Assembly. These reports must be published online.^[29]

4. Reporting Exploitation under the Charter of Human Rights and Freedoms

The Quebec Charter of Human Rights and Freedoms (Quebec Charter)^[30] provides protection for fundamental freedoms and rights. This includes protecting older adults from exploitation. The Quebec Charter does not contain mandatory reporting requirements but allows voluntary reporting to the Commission des droits de la personne et des droits de la jeunesse (Human Rights Commission).^[31]

4.1 Guiding principles

The preamble of the Quebec Charter outlines the principles on which the law is based, including the equal rights, worth, and dignity of all.

WHEREAS every human being possesses intrinsic rights and freedoms designed to ensure his protection and development;
Whereas all human beings are equal in worth and dignity, and are entitled to equal protection of the law;
Whereas respect for the dignity of human beings, equality of women and men, and recognition of their rights and freedoms constitute the foundation of justice, liberty and peace;
Whereas the Québec nation considers State laicity to be of fundamental importance;
Whereas the rights and freedoms of the human person are inseparable from the rights and freedoms of others and from the common well-being;
Whereas it is expedient to solemnly declare the fundamental human rights and freedoms in a Charter, so that they may be guaranteed by the collective will and better protected against any violation.^[32]

4.2 Human rights protections

The Quebec Charter protects older adults and adults living with disabilities from exploitation.

48. Every aged person and every handicapped person has a right to protection against any form of exploitation.
Such a person also has a right to the protection and security that must be provided to him by his family or the persons acting in their stead.^[33]

Additionally, the Quebec Charter protects older adults from being discriminated against or harassed based on their age.

10. Every person has a right to full and equal recognition and exercise of his human rights and freedoms, without distinction, exclusion or preference based on race, colour, sex, gender identity or expression, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions, language, ethnic or national origin, social condition, a handicap or the use of any means to palliate a handicap.
Discrimination exists where such a distinction, exclusion or preference has the effect of nullifying or impairing such right.^[34]

4.3 Definitions of exploitation and abuse

The Quebec Charter does not define exploitation. The Human Rights Commission website states that “exploitation means taking advantage of someone’s vulnerability or dependency to deprive them of their rights.”^[35]

Exploitation requires two parts. First, an older adult or person living with a disability must be vulnerable in some way, and usually be dependent on another person for needs. The Human Rights Commission provides examples of what it means to be vulnerable.

1. Physically, psychologically, socially, financially, or culturally vulnerable

Vulnerable means being unable to protect yourself or your property. Often, vulnerable people depend on another person for their basic needs. For example, eating, bathing or taking care of themselves.

Some indicators of vulnerability are:
- advanced age
- physical or mental illness
- loss of autonomy
- cognitive (memory) loss associated with aging
- isolation
- the death of a spouse
- illiteracy
- fear of reprisals
Victims of exploitation often have more than one of these. The indicators of vulnerability can take different forms in different contexts.^[36]

Second, the vulnerable person must have experienced financial, physical, or psychological abuse.^[37]

Comparing exploitation and abuse, the Human Rights Commission states:

Abuse is a broader concept than exploitation. Abuse is when, within a trust relationship, someone acts (or fails to act appropriately) and in doing so causes harm or distress to the other person. The action or failure to act can be an isolated event, or can be repetitive. It can be intentional or unintentional.^[38]

The Commission will not intervene in cases of abuse that do not involve exploitation.^[39]

4.4 Exploitation complaints

If a vulnerable adult is being exploited, they may file a complaint with the Human Rights Commission. If any person believes a vulnerable adult is being exploited, they can also file a complaint. Human rights complaints generally require the written consent of the person experiencing a rights violation. However, written consent is not required for complaints of exploitation of vulnerable adults.^[40] If a person files the exploitation complaint without the adult’s consent, the Human Rights Commission will consider what the adult wants to happen. Their website states:

You can report exploitation to the Commission even if you are unable to obtain the consent of the person you believe to be the victim. Note that the Commission respects the autonomy of the elderly person or the person with a disability. We therefore consider the victim’s wishes above all, where the situation permits…If it is impossible to obtain the victim’s consent, then the Commission can intervene without their consent.^[41]

4.5 Responding to exploitation complaints

Below are some of the key steps in the Human Rights Commissioner’s process for responding to complaints:^[42]

The Commission will determine if the complaint falls within their authority;
If the complaint is within their authority, the Commission will investigate. A Commission investigator will gather evidence, including through interviews;
Throughout the process, the Commission will encourage parties to resolve the complaint through mediation, where appropriate. At any point during the process the complaint may be resolved by mediation;
The investigator will submit a report to the parties and a three-member Complaints Committee of the Commission;
The Complaints Committee will decide whether there is sufficient evidence following their investigation, order remedies, including regarding compensation and to change practices or behaviour, and set a deadline for implementing remedies; and
If the offending person does not implement remedies, the Commission may apply to the Human Rights Tribunal or the courts to enforce them.^[43]

The Commission can act quickly if urgent interventions are needed, such as:

Where the life, health, or safety of a person is at risk; or
Where evidence may be lost if quick action is not taken, including applying to court for an emergency court order.^[44]

If a person is taking reprisals against the victim, witness, or others involved in the case, the Commission can apply to a tribunal for measures to address this.^[45]

If a person reports exploitation of an older person through the Commission’s complaints process they will not be notified of the outcome. Only the parties to the complaint—the older person being exploited and the abuser—will receive a copy of any decision of the Commission regarding the complaint.^[46]

5. Regulated Professions and Reporting Requirements

In Quebec, 46 professions are regulated under the Professional Code,^[47] including legal and health care professions. The Act also covers other professions that are outside of law and health care, such as town planners, engineers, and translators.^[48]

5.1 Reporting a regulated professional

Any person can make a complaint about a regulated professional. This is done by lodging the complaint with the professional order. The complaint will be received by the disciplinary council or syndic.^[49]

5.2 Complaints process

Review by the syndic

The syndic will review the complaint and decide if an inquiry is necessary. If so, the syndic will inquire into the matter and collect information and evidence.^[50]

If the syndic is concerned about a professional’s practice or competence, the syndic can inform the professional inspection committee.^[51] If the complaint concerns a matter which could be a criminal offence with a penalty of five years of jail or more, the syndic can request the disciplinary council make immediate orders, including:

Suspend a member’s right to practice;
Place restrictions on a member’s practice; or
Any other necessary conditions.^[52]

Following the inquiry, the syndic will make a decision. The syndic can decide:

Not to lodge a complaint with the disciplinary council;
To propose non-disciplinary measures;
To lodge a complaint with the disciplinary council; or
To forward a complaint to the professional inspection committee.^[53]

Review by the review committee

If the syndic does not lodge a complaint with the disciplinary council, the complainant can request the review committee review the decision made by the syndic. This request must be made within 30 days of receiving the syndic’s decision.^[54] The review committee can:

Find the syndic’s decision was correct;
Suggest the syndic review the matter and make a new decision;
Lodge a complaint with the disciplinary council; or
Refer the matter to the professional inspection committee.^[55]

Review by the disciplinary council

If the matter is sent to the disciplinary council, the hearing is public. However, the disciplinary council can order the hearing be held on camera or ban publication of certain information, if warranted.^[56]

After the hearing, the disciplinary council can take several actions, including:

Dismiss the complaint;
Convene a case management conference to resolve the matter through agreement;
Issue a reprimand;
Require the member to undergo training or counselling;
Suspend a member’s registration;
Revoke a member’s registration;
Place restrictions on a registrant’s practice;
Issue a fine; or
Order one or both parties pay costs.^[57]

A person can appeal certain disciplinary decisions. This appeal will be conducted through a public hearing before the Professions Tribunal.^[58]

5.3 Other reporting duties

Regulated health professionals may also have some duties to report abuse or misconduct arising from:

Their professional codes of conduct;
Regulations specific to their profession under the Professional Code;or
Other statutes regulating their profession.

If you are a regulated health professional, examine your professional codes of conduct or practice standards to see if you have any responsibilities under these rules, or contact your College for advice.

6. Confidentiality, Privacy, and Privilege

Confidentiality ensures vital information is kept private for professions that require a client to disclose private information, such as counsellors, doctors, and nurses. A lawyer must respect solicitor-client privilege. Requirements of confidentiality and privilege can be found:

In legislation;
In common law; and
In professional codes of ethics, codes of conduct, or professional standards.

Generally, professionals, staff, and volunteers must get consent from an older adult before disclosing personal or health information. However, exceptions to confidentiality have been created by various laws.

6.1 Anonymity of a person who reports abuse

Under the Combat Maltreatment Act, if a person reports maltreatment to the Commissioner, the Commissioner must keep the identity of the reporter confidential. The person making the report can consent to being identified. The Commissioner can provide the police with the identity of the person making a report.^[59]

6.2 Confidentiality of personal and health information

Exceptions under the Quebec Charter

The Quebec Charter, under its fundamental freedoms and rights, states that every person has a right to have their confidential information kept confidential. Confidential information can only be disclosed when the person gives consent, or if it is permitted under a law. This includes people who are bound to professional secrecy by law, and during judicial proceedings.^[60]

As discussed in section 4, if an older adult or a person living with a disability is being exploited, a complaint can be filed without the person’s consent. However, disclosure should respect confidentiality rights.

Exceptions under privacy law

In Quebec, there are two pieces of legislation that outline privacy rights:

The Public Sector Information Act applies to public bodies, such as provincial departments and agencies, municipal governments, health care, social services, and documents under control of a professional association.^[61]
The Private Sector Information Act applies to a person or organization that is not a public body.^[62]

Under the Public Sector Information Act, a public body must take security measures to protect the personal information they have collected.^[63] A public body can only collect personal information where it is necessary for fulfilling the public body’s powers, rights, or programs.^[64] A person must be informed why their information is being collected and what right the person has to access or correct the information.^[65]

A public body cannot disclose personal information unless the person consents or it is for the purposes that it was collected.^[66] Personal information can only be disclosed without consent for prescribed reasons, including:

To prosecute a crime;^[67]
“To a person to whom the information must be disclosed because of the urgency of a situation that threatens the life, health, or safety of the person concerned;”^[68]
“To prevent an act of violence, including suicide, where there is reasonable cause to believe that there is a serious risk of death or serious bodily injury threatening a person or an identifiable group of persons and where the nature of the threat generates a sense of urgency;”^[69]
By a person working in a public body to discharge their duties;^[70] or
When it is necessary to apply an Act in Quebec, regardless of whether the disclosure is allowed under the Act.^[71]

Under the Private Sector Information Act, a person can only collect personal information for a serious and legitimate reason, and can only collect as much information as is necessary. The person must be informed about:

Why their information is being collected;
How it will be used;
What categories of people have access to it;
How the files will be stored; and
What rights the person has to access and correct their own personal information.^[72]

The person or organization who collects the information must take measures to protect the information.^[73] The person or organization cannot disclose the personal information unless:

Disclosure was for the purpose for which it was collected;
Disclosure is authorized under this Act; or
The person consents to the disclosure.^[74]

Personal information can only be disclosed without consent for prescribed reasons, including:

“To a person to whom the information must be communicated by reason of the urgency of a situation that threatens the life, health, or safety of the person concerned;”^[75]
To report, investigate, or prosecute a crime;
As required by or authorized by another law;^[76] and
“…in order to prevent an act of violence, including a suicide, where there is reasonable cause to believe that there is a serious risk of death or serious bodily injury threatening a person or an identifiable group of persons and where the nature of the threat generates a sense of urgency… The information may in such case be communicated to any person exposed to the danger or that person’s representative, and to any person who can come to that person’s aid.”^[77]

Exceptions that apply to solicitor-client privilege

Confidentiality and legal privilege are two similar, but legally distinct concepts. Both are based on the principle that a lawyer owes a duty of loyalty to the client.

Solicitor-client privilege is a legal principle that applies to all communications between a client and a lawyer where the communication was for the purposes of obtaining legal advice and was intended to be confidential.^[78] It operates to protect such information from having to be disclosed in legal proceedings.

However, solicitor-client privilege will not apply:

Where privilege has been waived by the client;
Where there is a clear, serious, and imminent threat to public safety;^[79]
Where the innocence of an accused is at stake;^[80] or
Where limited by law.

Other types of privilege include litigation privilege, which protects communications created for the dominant purpose of preparing for litigation.

A lawyer’s duty of confidentiality is an ethical duty. Unlike privilege, this duty covers any communications made during the professional relationship. There is no requirement that the communications be made for the purposes of obtaining legal advice.

The practice of law in Quebec is governed by two statutes: the Act respecting the Barreau du Quebec^[81] and the Professional Code.^[82] The ethical guidelines for lawyers are contained in a regulation enacted under both of these Acts: Code of Professional Conduct of Lawyers.^[83] The Code contains exceptions to the rule of confidentiality.

Under the Code, a lawyer must keep client information confidential, and must take measures to protect this confidential information.^[84] However, a lawyer can disclose confidential information in prescribed situations, including when:

A client consents;
A law authorizes the disclosure; and
A person is in imminent danger of bodily harm or death.^[85]

65. A lawyer may communicate confidential information in the following situations:
…
(6) in order to prevent an act of violence, including a suicide, where the lawyer has reasonable cause to believe that there is an imminent danger of death or serious bodily injury to a person or an identifiable group of persons.
66. A lawyer who communicates confidential information with a view to preventing an act of violence may only communicate the information to the person or group of persons exposed to the danger, to their representative or to the persons who can come to their aid.
67. When a lawyer communicates confidential information with a view to preventing an act of violence, pursuant to the third paragraph of section 60.4 of the Professional Code (chapter C-26), subsection 3 of section 131 of the Act respecting the Barreau du Québec (chapter B-1) or subsection 6 of section 65 of this code, he must, at the time of such communication, mention the following:
- (1) his name and the fact that he is a member of the Barreau du Québec;
- (2) that the information he will communicate is protected by his obligation of confidentiality;
- (3) that he is communicating the information in order to prevent an act of violence, because he has reasonable cause to believe that there is an imminent danger of death or serious bodily injury to a person or an identifiable group of persons;
- (4) the act of violence he is trying to prevent; and
- (5) the identity and, if possible, the contact information of the person or group of persons exposed to the danger, when he communicates the confidential information to their representative or to the persons who can come to their aid.
He may also, if it is necessary to achieve the purposes of the communication, disclose the identity and contact information of the person who provided him with the information concerning the apprehended act of violence.
68. In all cases in which a lawyer communicates confidential information with a view to preventing an act of violence, he must prepare a written note as soon as possible containing the following:
…
69. In all cases in which a lawyer communicates confidential information, he may only communicate such information as is necessary to achieve the purposes of the communication.
70. Where circumstances permit, a lawyer may consult the office of the syndic of the Barreau in order to obtain assistance to assess the appropriate course of action before communicating confidential information.^[86]

7. Criminal Prosecution Policy

While criminal law is primarily under the federal jurisdiction, Quebec’s Director of Criminal and Penal Prosecution’s directives and guidance[87] provide guidance to prosecutors. There are no policies directly covering elder abuse, but a few of the policies touch on aspects of elder abuse.

The Charge – Decision to Initiate and Continue Prosecution guideline states that prosecutions should be in the public interest. To determine if proceeding to trial would be in the public interest, the guideline lists factors that can be considered. These factors include:

The nature of the offence, including the duration and number of repeat instances;
The circumstances of the offence, such as a person being in a position of authority and trust over the victim, and the use of a weapon;
The personal characteristics of the victim, including age, vulnerability, dependence, physical health, and mental health;
The personal characteristics of the accused, including age, physical health, and mental health;
The loss, injury, or consequences for the victim and their families; and
Whether there is a more appropriate civil remedy.

If the victim is a vulnerable adult, the prosecutor must meet with them before deciding whether to continue with the prosecution.^[88]

The Direct Indictment and New Indemnification or New Accusation guideline discusses when a direct indictment would be in the public interest. Factors that are relevant to elder abuse include:

To lessen the presence of security issues, such as protecting a victim or witness;
To get evidence presented in court before the condition of a victim or witness deteriorates, such as when a witness is of advanced age or in poor health; or
When it would be hard for a victim or witness to testify multiple times due to their vulnerability, such as age or health.^[89]

The Treatment of Victims and Witnesses – Statements of Principles guideline sets out the principles which should guide a prosecutor’s interactions with victims and witnesses:

Prosecutors should consider the vulnerability of the victim or witness, which includes prosecution of maltreatment of an older adult, domestic violence, sexual offences, as well as personal characteristics of witnesses and victims, such as disability, impairment, reduced capacity, being an immigrant, or being very low income;
Prosecutors should be aware of the fact that victims and witnesses usually lack knowledge about the criminal justice system;
Prosecutors should consider the wishes of the victim;
Prosecutors should inform the victim about the prosecutor’s role and the process;
Prosecutors must treat victims and witnesses fairly and without discrimination;
Prosecutors must take steps to ensure witnesses are safe;
Prosecutors must ensure a victim’s rights are upheld;
Prosecutors must communicate and provide information to the victim;
Prosecutors should direct victims to support and services;
When it is necessary to protect the victim or witness, the prosecutor should keep their identity confidential;
When it is needed, prosecutors should try to obtain testimony assistance measures; and
Prosecutors should arrange for accommodations when a victim or witness needs it to participate fully in the proceedings.^[90]

The Domestic Violence guideline sets out how prosecutors should handle domestic violence cases:

The guideline states that domestic violence is not just a private issue, but is a societal problem;
Domestic violence interventions should balance the need for denunciation in the criminal justice system with the needs of the victims;
Domestic violence includes physical, psychological, sexual, and financial abuse of an intimate partner or their relatives, property, or pets;
Prosecutors should consider the safety of the victim and relatives;
Prosecutors should provide information to the victim;
Prosecutors should inform the victim about domestic violence supports;
Prosecutors should prioritize domestic violence cases and proceed as quickly as possible;
When deciding whether to prosecute, prosecutors must place the protection of the victim and their loved ones above all other public interest factors;
After filing charges, prosecutors should meet with the victim to provide information, ascertain the victim’s needs, and answer questions;
When a victim meets with the prosecutor, the victim can bring a person along when the meeting is just informational, but must meet alone if the meeting involves discussing the facts of the case;
When considering interim release of the offender, prosecutors should consider the potential for further violence; and
Prosecutors should consider what release conditions are needed to protect the victim.^[91]

The Peace Bond Under Section 810 of the Criminal Code guideline applies to prosecutors acting in municipal courts. If a victim asks the prosecutor to obtain a peace bond, the prosecutor must refer the victim to the police. The police will conduct an investigation into the matter. After the investigation, the prosecutor must decide whether they will start a prosecution on the matter. The prosecutor can request a peace bond regardless of whether a prosecution is started.^[92]

For some regulated professionals, the Director has agreements with some professional orders to inform the order if one of their members has been charged with a criminal offence. The Information to be Transmitted in the Event of a Criminal Proceeding Against a Member of a Professional Order guideline describes the process through which the prosecutor’s office would inform the professional order. The professional orders that have agreements with the Director include lawyers, physicians, notaries, and psychologists.^[93]

8. Family Violence Protection

The Code of Civil Procedure sets out the powers of the court to grant protection orders. The court can grant a protection order for a person whose life, health, or safety are at risk. Protection orders can be granted for violence based on the concept of honour. The protection order can be in force for up to three years.^[94]

The person experiencing violence can apply for the protection order. Another person or organization can also apply for the protection order if the person experiencing violence consents, or the court authorizes this.^[95] Applications are made to the Superior Court.^[96]

The court can order whichever conditions or terms they consider necessary. This includes ordering a person to refrain from doing something or to cease a particular action.^[97]

49. The courts and judges, both in first instance and in appeal, have all the powers necessary to exercise their jurisdiction. They may, at any time and in all matters, even on their own initiative, grant injunctions or issue protection orders or orders to safeguard the parties’ rights for the period and subject to the conditions they determine. As well, they may make such orders as are appropriate to deal with situations for which no solution is provided by law.^[98]

509. An injunction is an order of the Superior Court directing a person or, in the case of a legal person, a partnership or an association or another group not endowed with juridical personality, its officers or representatives to refrain from or cease doing something or to perform a specified act.

Such an injunction may direct a natural person to refrain from or cease doing something or to perform a specified act in order to protect another natural person whose life, health or safety is threatened. Such an injunction, called a protection order, may be obtained, in particular, in a context of violence, such as violence based on a concept of honour. A protection order may only be issued for the time and on the conditions determined by the court, without however exceeding three years.^[99]

Justice Quebec lists some possible terms or conditions of protection orders:

No communication with the adult;
Staying away from locations, such as the adult’s home or workplace;
Ordering the return of personal property;
Requiring a third party be present during a visit;
Restraining the respondent from injuring the adult;
Restraining the respondent from damaging the adult’s property;
Restraining the respondent from harassment, threats, intimidation, and psychological violence; or
Requiring the respondent to turn over weapons to the police.^[100]

If the person named in the protection order does not follow the order, the person protected by the order can ask the court for an order of contempt of court if they can provide that the order was violated. A person not named in the order can also be found in contempt of court if they knowingly does not follow the protection order.^[101] A contempt of court order can result in:

A fine;
A requirement to do community work, or
A jail sentence for up to a year.^[102]

9. Financial Abuse by Substitute Decision-Makers

9.1 Substitute decision-makers in Quebec

In Quebec, a substitute decision-maker could be:

A mandatary under a mandate, protection mandate, or domestic mandate, chosen by the adult;
An advisor under a protective supervision order, appointed by the court;
A tutor under a tutorship order, appointed by the court; or
A curator under a curatorship order, appointed by the court.

The Civil Code of Quebec^[103] sets out the requirements for all these types of substitute decision-makers. The Public Curator Act^[104] sets out the Public Curator’s powers to intervene when a substitute decision-maker is not fulfilling their duties, and when they can be appointed as a substitute decision-maker.

9.2 Mandates

The Civil Code allows a person to appoint a mandatary to help them to make decisions about property or person. There are three types of mandates that are applicable to financial elder abuse:

A power of attorney (POA) mandate;
A protection mandate; and
An automatic mandate that exists between spouses.^[105]

All three are only possible when an adult has relevant decision-making capacity. The first two options require the adult to have capacity to create the document when they create it; the automatic mandate hinges on the capacity to marry at the time of marriage.

Power of attorney mandates

A POA mandate is a type of contract in which an adult chooses one or several mandataries to perform property actions and decisions when the adult is not able to. A POA does not have to be written, but some institutions and professionals like banks or lawyers will require a written POA. To create a POA, the adult must have decision-making capacity to understand the implications of making a POA. The adult retains their decision-making capacity and is legally responsible for any actions or contracts done by the mandatary within their stated responsibilities.^[106]

A mandatary has several responsibilities:

Carry out the actions dictated by the adult;
Obtain help when it is needed;
Be prudent, diligent, and honest;
Act in the adult’s best interests; and
Keep the adult informed of actions taken.^[107]

The adult making the mandate also has several responsibilities:

Work together with the mandatary;
Provide money to the mandatary where necessary to carry out actions under the POA mandate; and
Compensate the mandatary for any losses.^[108]

Protection mandates

A protection mandate occurs when an adult chooses in advance someone to act for them when they lose decision-making capacity. An adult can name one person or multiple people to be their mandataries. If multiple people are chosen, the mandate must state how decisions are to be made. A protection mandate must be written, and either be notarized or signed by two witnesses.^[109]

The protection mandate can cover property and personal decisions. The adult can set out instructions, wishes, or preferences for specific decisions in the document to ensure the mandatary knows what the adult’s wishes or preferences are. The adult can list and limit the powers of the mandatary.^[110]

An adult must have full decision-making capacity to create a protection mandate, but the mandate does not come into the effect until the adult loses decision-making capacity and the court has homologated the mandate. Homologating the mandate means the court confirms that the adult lacks capacity and that the protection mandate is valid. The named mandatary must apply to the court to have the mandate homologated and arrange for an incapacity assessment.^[111]

If the protection mandate does not fully cover the person or property, the court can also order protective supervision to fill in the gaps. In this case, the mandatary must provide annual reports to the tutor or curator.^[112]

The adult retains the ability to revoke or change their protection mandate while the adult retains capacity. If the adult regains their decision-making capacity, the adult can revoke the protection mandate.^[113]

Ending a mandate

A POA or protection mandate can end in several ways:

The mandate becomes impossible to carry out;
The adult revokes it;
The mandatary resigns;
The adult or mandatary dies;
The court orders a form of protective supervision;
One of the parties goes bankrupt;
The mandate has an end date, and this has occurred; or
The specific purpose of the POA mandate has been completed.^[114]

If the adult does not have capacity and the mandatary is not performing their duties, any interested party or the Public Curator can apply to the court to have the mandate revoked. In this case, the court can also require the mandatary to provide accounts and order a form of protective supervision.^[115]

Automatic Mandates between Spouses

A mandate is automatically created between spouses who are married or in a civil union. This does not apply automatically to couples who are common-law/de facto spouses. This is a limited mandate that allows either spouse to take actions necessary to deal with the family’s daily needs. These needs include buying household goods, feeding the family, and maintaining the household. Both spouses retain legal responsibility for these actions. This spousal mandate is governed by different provisions than POAs and protective mandates.^[116]

9.3 Protective supervision

Ordering protective supervision

The court can appoint a type of protective supervision to help an adult in the case that they develop mild, partial, temporary, or total incapacity. Any interested person, including the Public Curator, can apply to the court to have protective supervision implemented. If the adult already has a mandate in place, the mandate will continue unless there is a serious reason for the court to revoke it. The Civil Code states the intent of protective supervision is to protect the adult, their interests, and their rights. Protective supervision is also intended to give the adult as much autonomy as possible.^[117]

The court can appoint three different types of protective supervision, which range in how much autonomy the adult has during the order. The types are advisors, tutors, or curators.^[118] The same rules apply to all types of protective supervision.

When the court is making the decision about protective supervision, the court will consider:

The advice of the tutorship council;
Medical evidence;
The adult’s wishes on type of supervision and who will be appointed; and
How much autonomy the adult is capable of.^[119]

The protective supervision order must be reviewed at least every three years for an advisor or tutor, and every five years for a curator. This includes evaluating the adult’s current level of decision-making capacity. However, the order can state an earlier review date.^[120]

If the adult is in danger of serious injury, does not have a mandatary, and the protective supervision order cannot be put into place fast enough, the court has the power to respond. The court can provisionally appoint the Public Curator or another person to conduct certain acts to help protect the adult until the protective supervision hearing has concluded.^[121]

Advisor under a protective supervision order

Having an advisor is the least restrictive form of protective supervision. An advisor is put into place when an adult has a mild deficit or temporary incapacity. The adult retains full autonomy and is responsible for all the decisions they make. The advisor is in place to assist the adult in making certain decisions or actions, and cannot represent the adult or act on their own. The advisor cannot make the adult follow their advice.^[122]

However, there are several situations when the adult cannot act alone, and both the adult and advisor must sign off. If the order does not state which decisions the advisor must assist with, the adult must get help with:

Selling property;
Taking out a large loan;
Taking on an obligation or condition; and
Giving up an inheritance.^[123]

Ending protective supervision orders

A protective supervision order of any type ends if:

The adult dies;
The court ends the order; or
The adult regains capacity.

9.4 Tutorship and curatorship

Creating a tutorship and curatorship

A tutorship is the moderate form of protective supervision. A tutorship is put into place when an adult has some decision-making capacity but not all, or a temporary lack of decision-making capacity. A tutorship can apply to property, the person, or both. Under a tutorship:

The adult can make some types of decisions by themselves;
The adult can make some decisions with the help of the tutor; and
The tutor must act as a representative for the adult for some decisions.

The precise responsibilities of the tutor are set out in the order.^[124]

A curatorship is the most restrictive form of protective supervision. A curatorship is put into place when an adult has lost all decision-making capacity, and the loss is permanent. It can apply to property, the person, or both. The curator represents the adult for all decisions.^[125]

For a curatorship or tutorship, a council is created. The council is composed of relatives and friends. The council’s role is to supervise the curatorship or tutorship.^[126]

Duties of a tutor or curator

A curator or tutor has several responsibilities, including:

Managing the adult’s property;
Ensuring the adult has what they need for daily living, accounting for the adult’s condition, needs, and situation;
Protecting the adult’s well-being;
Maintaining a relationship with the adult;
Obtaining the adult’s advice;
Keeping the adult informed about decisions made; and
Providing accounts of what they have done to the Public Curator at least once a year.^[127]

Ending tutorship and curatorship

The tutorship council must initiate the process to get a new curator or tutor appointed. An interested person can also start the process to get a new tutor or curator appointed.^[128]

9.5 Role of the Public Curator

The Public Curator performs several functions related to substitute decision-making:

Acts as a tutor or curator if the court appoints them to do so;^[129]
Supervises tutorship and curatorship for adults and minors;^[130] and
Intervenes in proceedings to appoint protective supervision, homologate a protection mandate, or replace a tutor or curator.^[131]

As tutor or curator, the Public Curator staff must communicate with the adult, keep them informed, and try to obtain the adult’s consent. When the Public Curator is acting as tutor or curator, they must try to find an appropriate person to take over as tutor or curator, such as a relative or friend. The Public Curator cannot act as a mandatary. A committee advises the Public Curator on protection and representation matters.^[132]

In supervising the administration of tutorships and curatorships, the Public Curator can:

Provide direction to tutors and curators regarding their responsibilities;
Receive reports, inventory, and accounts from tutors and curators;
Apply to the court to have the tutor or curator replaced if the tutor or curator is not performing their duties;
Apply to the court to have a protection mandate revoked if the mandatary is not fulfilling their duties or protecting the adult; or
Accept an undertaking by a tutor, curator, or mandatary to fulfill their duties properly.^[133]

The Public Curator can hold an inquiry into whether a tutor, curator, advisor, or mandatary is fulfilling their duties. The Public Curator is given powers to conduct this inquiry^[134] under the Act respecting public inquiry commissions.^[135]

10. Employment Protections

10.1 Whistleblower protections

Under the Combat Maltreatment Act, no legal action can be taken against a person who has reported maltreatment in good faith. A person cannot take reprisals against a person for reporting maltreatment or cooperating with the investigation. Reprisals include:

Demoting, suspending, or firing an employee;
Doing anything else that would negatively affect an employee’s employment;
Transferring a resident or terminating their residence; or
Restricting visitors.^[136]

Under the Quebec Charter, it is an offence to take reprisals against a person for being involved in a human rights complaint. This applies to the victim, the complainant, a witness, or others who have participated in the case. A person can apply to the Commission for a remedy, such as getting back their job or home.^[137]

10.2 Statutory employment leave

An employee can take leave if they have experienced domestic violence or sexual violence. An employee can take up to 26 weeks each year. An employee can take up to 104 weeks if they have experienced serious bodily harm from a criminal offence and cannot work due to this injury.^[138]

Absences Owing to Sickness, An Organ or Tissue Donation, an Accident, Domestic Violence, Sexual Violence or a Criminal Offence
79.1. An employee may be absent from work for a period of not more than 26 weeks over a period of 12 months, owing to sickness, an organ or tissue donation for transplant, an accident, domestic violence or sexual violence of which the employee has been a victim.

However, an employee may be absent from work for a period of not more than 104 weeks if the employee suffers serious bodily injury during or resulting directly from a criminal offence that renders the employee unable to hold his regular position. In that case, the period of absence shall not begin before the date on which the criminal offence was committed, or before the expiry of the period provided for in the first paragraph, where applicable, and shall not end later than 104 weeks after the commission of the criminal offence.

The employee must give the employer notice as soon as possible that they are taking leave. The employer can request documentation proving why the employee is taking the leave if the employee is taking a long period of time off, or is taking leave frequently.^[139]

An employee must be allowed to participate in their workplace insurance and pension plan during their leave. The employee must be able to return to the same job and receive the same pay and benefits following their leave.^[140]

11. Immigration Sponsorship and Income Assistance

In Quebec, there are income support programs to help low-income individuals and families. This includes the Social Solidarity program and the Social Assistance program. The Social Solidarity program gives people financial support when they are in financial need and have a severely limited capacity for employment. The Social Assistance program helps low-income people who do not have a severely limited capacity for employment.

Under Social Assistance, a person may qualify to get an additional allowance if they are experiencing temporarily limited capacity from a health event or life event. This includes if a person is fleeing abuse and living in a shelter for at least three months.^[141]

A sponsored immigrant is eligible for financial assistance if the sponsor is not fulfilling their obligations. If contacting the defaulting sponsor could lead to violence, the government may forgive part or all of the default amount.^[142]

12. Key Contacts

Reporting Elder Abuse

Elder Mistreatment Helpline

The Elder Mistreatment Helpline provides free, bilingual, and confidential services to all individuals concerned by or experiencing an elder mistreatment situation. The helpline is available 8 a.m. to 8 p.m., 7 days a week.

Call: 1-888-489-2287
Website: www.aideabusaines.ca/en/

Local Service Quality and Complaints Commissioner

Local service quality and complaints commissioners are responsible for handling complaints from users of private and public health care and social services centres. If a person is not satisfied after speaking with the manager of a health care or social services institution, they may file a complaint with their local Service Quality and Complaints Commissioner.

The contact information for local commissioners is provided at: www.quebec.ca/en/health/health-system-and-services/rights-recourses-and-complaints/the-health-and-social-services-network-complaint-examination-system#c4222

La Commission des droits de la personne et des droits de la jeunesse

If a vulnerable adult is being exploited or if any person believes a vulnerable adult is being exploited, they may file a complaint with the Human Rights Commission.

Monday to Friday, 8:30 a.m. to 12 p.m. and 1 p.m. to 4:30 p.m.
Call: 1-800-361-6477
Email: [email protected]
Website: www.cdpdj.qc.ca/

Government Agencies

Ministère de la Santé et des Services sociaux

The Ministry of Health and Social Services provides a range of resources, programs, and services for seniors.

Website: www.quebec.ca/en/family-and-support-for-individuals/seniors/programs-services-for-seniors

Contact:

Monday to Friday, 8 a.m. to 6 p.m.
Quebec region: 418-644-4545
Montréal region: 514-644-4545
Toll-free: 1-877-644-4545
Persons with hearing or speech impairment (TTY): 1-800-361-9596

Email: Fill out the ‘Contact us’ form at www.quebec.ca/en/how-to-reach-us/general-information?s=38&cHash=82a8b73f5945b05a9b9191365d439f60

Curateur Public Quebec [Public Guardian and Trustee]

The Public Curator receives reports concerning a person under public tutorship or curatorship, an incapacitated person whose protection mandate has been approved, or a person whose incapacity has been established by a medical assessment, but who does not yet benefit from a protective measure.

Reports to the Public Curator can be submitted by phone or in writing. Emergency calls are accepted 7 days a week, 24 hours a day.

Monday to Friday, 8 a.m. to 12:30 pm. and 1 p.m. to 4:30 p.m. Wednesdays, 10 a.m. to 12 p.m. and 1 p.m. to 4:30 p.m.
Call: 514-873-4074 or 1-844-532-8728
Email: Fill out the ‘Contact us’ form at www.curateur.gouv.qc.ca/cura/fr/outils/joindre/joindre.html

Public Curator of Quebec
600, boulevard René-Lévesque Ouest
Montreal QC H3B 4W9

Website: www.curateur.gouv.qc.ca/cura/en/

Centre d’aide aux victims d’actes criminels [Crime Victims Assistance Centre]

Crime Victims Assistance Centres can be found throughout all regions of Quebec. They offer free and confidential services to victims or witnesses of crimes.

Call: 1-866-532-2822
Website: cavac.qc.ca/en/

Community Organizations

Roger Snelling Seniors’ Legal Clinic

The Roger Snelling Clinic is a free legal clinic that provides information and services to people aged 55 and up. The clinic specializes in access to health care including long-term care, legal capacity and powers of attorney, pensions, and family law. The clinic offers information and services over the phone and in-person by appointment only. Call or email to book an appointment.

Call: 514-844-9128 ext. 106
Email: [email protected]
Website: www.montrealcitymission.org/legal-clinics

Legal Services Commission

Legal aid services are offered to low-income individuals and families. To find out if you qualify for legal aid in Quebec, contact a community legal centre at 1-800-842-2213.

For a list of community legal centres, please visit www.csj.qc.ca/commission-des-services-juridiques/nous-joindre/centres-communautaires-juridiques/en.

Shelter and Assistance for Victims of Elder Abuse (SAVA)

The Shelter and Assistance for Victims of Elder Abuse (SAVA) is a project in the Haut-Saint-Laurent Valley, aiming to counter the mistreatment of seniors and provide resources to survivors of abuse.

Monday to Friday, 9 a.m. to 5 p.m.
Call: 450-424-0111
Website: maltraitance.org/

418, avenue St-Charles, bureau 303
Vaudreuil-Dorion, QC J7V 2N1

SOS violence conjugale

SOS violence conjugale offers free, bilingual, and confidential referral services, supports, and shelter. Available 24 hours a day, seven days a week.

L’Appui Caregiver Support

Professional advisors at L’Appui offer confidential phone consultation, information, and referral services for caregivers of older adults, as well as friends and family, practitioners, and health care professionals.

Call: 1-855-852-7784
Open 7 days a week, 8 a.m. to 8 p.m.

Endnotes

[1] CQLR c C-12 [Quebec Charter].

[2] CQLR c L-6.3 [Combat Maltreatment Act].

[3] CQLR c C-26 [Professional Code].

[4] CQLR c B-1, r 3.1.

[5] CQLR c C-25.01 [Code of Civil Procedure].

[6] CQLR c CCQ-1991 [Civil Code].

[7] CQLR c C-81.

[8] CQLR c A-2.1 [Public Sector Information Act].

[9] CQLR c P-39.1 [Private Sector Information Act].

[10] CQLR c N-1.1.

[11] CQLR c A-13.1.1.

[12] Combat Maltreatment Act, supra note 2.

[13] Ibid, s 1; Quebec, “Act to combat maltreatment of seniors and other persons of full age in vulnerable situations”, online: <www.quebec.ca/en/family-and-support-for-individuals/assistance-and-support/mistreatment-of-older-adults/act/> [Quebec, Maltreatment of older adults].

[14] Combat Maltreatment Act, supra note 2, s 1.

[15] Ibid, preamble.

[16] Ibid, s 2(3).

[17] Ibid, s 2(4).

[18] Ibid, s 2(2); Quebec, Maltreatment of older adults, supra note 13.

[19] Combat Maltreatment Act, supra note 2, ss 2(2) and 3.

[20] Ibid, s 3.

[21] Ibid, ss 5-8.

[22] Ibid, s 21.

[23] Ibid, s 21.

[24] Ibid, s 21.

[25] Ibid, s 21.

[26] Ibid, s 3, 18; Quebec, Maltreatment of older adults, supra note 13.

[27] Combat Maltreatment Act, supra note 4, ss 3, 18.

[28] Ibid, ss 16-17.

[29] Ibid, ss 14-15.

[30] Quebec Charter, supra note 1.

[31] Ibid.

[32] Ibid, preamble.

[33] Ibid, s 48.

[34] Ibid, s 10.

[35] Commission des droits de la personne et des droits de la jeunesse, “Exploitation”, online: <cdpdj.qc.ca/en/your-obligations/prohibited-practices/exploitation> [HRC, Exploitation].

[36] Ibid (emphasis is the original).

[37] Ibid.

[38] Ibid (emphasis is the original).

[39] Ibid.

[40] Ibid; Quebec Charter, supra note 1, s 74.

[41] HRC, Exploitation, supra note 35.

[42] Commission des droits de la personne et des droits de la Jeunesse, “Investigations (Human Rights)”, online: www.cdpdj.qc.ca/en/our-services/activities-and-services/investigations-human-rights

[43] Commission des droits de la personne et des droits de la jeunesse, “Report exploitation or file a complaint of exploitation”, online: <www.cdpdj.qc.ca/en/file-a-complaint/i-want-to/report-exploitation> [HRC, Report exploitation]; Quebec Charter, supra note1, ss 78-80, 84-85.

[44] HRC, Exploitation, supra note 35.

[45] Ibid; Quebec Charter, supra note 1,ss 81-82.

[46] HRC, Report exploitation, supra note 43.

[47] Professional Code, supra note 5.

[48] Ibid; Quebec, “Regulated Professions and Trades” (24 Nov 2020), online: <www.quebec.ca/en/employment/trades-occupations/regulated-professions-trades/professions-governed-professional-order/>.

[49] Professional Code, supra note 3,ss 116, 122.

[50] Ibid, s 122.

[51] Ibid, s 122.1.

[52] Ibid, ss 122.0.1 – 122.0.4.

[53] Ibid, ss 121, 123.

[54] Ibid, ss 123.3, 123.4.

[55] Ibid, s 123.5.

[56] Ibid, s 142.

[57] Ibid, ss 143.1, 143.2, 151, 156, 160.

[58] Ibid, ss 162, 164, 173.

[59] Combat Maltreatment Act, supra note 2, s 10.

[60] Quebec Charter, supra note 1, s 9.

[61] Public Sector Information Act, supra note 8, ss 1-2, 4-7.

[62] Private Sector Information Act, supra note 9, s 1.

[63] Public Sector Information Act, supra note 8, s 63.1.

[64] Ibid, s 64.

[65] Ibid, s 65.

[66] Ibid, ss 59, 65.1.

[67] Ibid, s 59(1), (2), (3).

[68] Ibid, s 59(4).

[69] Ibid, s 59.1.

[70] Ibid, s 62.

[71] Ibid, s 67.

[72] Private Sector Information Act, supra note 9, ss 4, 5, 8

[73] Ibid, s 10.

[74] Ibid, s 13.

[75] Ibid, s 18(7).

[76] Ibid, s 18.

[77] Ibid, s 18.1.

[78] Descôteaux v Mierzwinski, [1982] 1 SCR 860 at 870–876, 141 DLR (3d) 590 [Descôteaux cited to SCR].

[79] Smith v Jones, [1999] 1 SCR 455 at para 35, 169 DLR (4^th) 385, [Smith cited to SCR].

[80] R. v. McClure, [2001] S.C.R. 445, [McClure cited to SCR].

[81] Act respecting the Barreau du Quebec, CQLR c B-1.

[82] Professional Code, supra note 3.

[83] Code of Professional Conduct of Lawyers, supra note 4.

[84] Ibid, ss 60-61.

[85] Ibid, s 65.

[86] Ibid, ss 65-70.

[87] Director of Criminal and Penal Prosecutions, “Guidelines and Instructions” (16 November 2018), online: <applies twww.dpcp.gouv.qc.ca/documentation/directives-directeurs.aspx>.

[88] Ibid, “ACC-3 Charge – Decision to Initiate and Continue Prosecution” (25 January 2019) at 3, 8-9, 11.

[89] Ibid, “ACC-2 Direct Indictment and New Indemnification or New Accusation” (16 November 2018) at 1, 3-4.

[90] Ibid, “VIC-1 Treatment of Victims and Witnesses – Statements of Principles” (25 January 2019) at 3-9, 11

[91] Ibid, “VIO-1 Domestic Violence” (25 January 2019) at 2-7

[92] Ibid, “ENG-1: Peace Bond Under Section 810 of the Criminal Code” (16 November 2018) at 1-2.

[93] Ibid, REN-2 Information to be Transmitted in the Event of a Criminal Proceeding Against a Member of a Professional Order” (08 March 2021) at 1, 3.

[94] Code of Civil Procedure, supra note 5,ss 49, 509.

[95] Ibid, s 509.

[96] Justice Quebec, “Applying for a protection order in a civil matter”, online: www.justice.gouv.qc.ca/en/victims/applying-for-a-protection-order-in-a-civil-matter/ [Justice Quebec].

[97] Code of Civil Procedure, supra note 5,ss 49, 509.

[98] Ibid, s 49.

[99] Ibid, s 509.

[100] Justice Quebec, supra note 96.

[101] Code of Civil Procedure, supra note 5,s 58.

[102] Justice Quebec, supra note 96.

[103] Civil Code, supra note 6.

[104] Public Curator Act, supra note 7.

[105] Civil Code, supra note 6,ss 2130, 2131.

[106] Ibid, ss 2130-2132, 2135-2137; Justice Quebec, “Power of attorney (mandate)”, online: <www.justice.gouv.qc.ca/en/your-money-and-your-possessions/power-of-attorney-and-protective-supervision/power-of-attorney-mandate/> [Justice Quebec, POA].

[107] Civil Code, ibid, ss 2138-2144.

[108] Ibid, ss 2149-2156.

[109] Ibid, ss 2166-2167; Educaloi, “Protection Mandates: Naming Someone to Act for You”, online: <educaloi.qc.ca/en/capsules/protection-mandates-naming-someone-to-act-for-you/> [Educaloi, Protection Mandate].

[110] Civil Code, ibid, ss 2166; Educaloi, ibid.

[111] Civil Code, ibid,ss 2166-2167; Educaloi, ibid; Curateur public, “Homologation of a protection mandate”, online: <www.curateur.gouv.qc.ca/cura/en/majeur/inaptitude/demarches/mandat.html>.

[112] Civil Code, ibid,s 2169.

[113] Civil Code, ibid, ss 2172, 2173, 2176; Educaloi, Protection Mandate, supra note 109.

[114] Civil Code, ibid, ss 2175-2185.

[115] Ibid, s 2177.

[116] Ibid, s 398; Educaloi, “Powers of Attorney”, online: <educaloi.qc.ca/en/capsules/powers-of-attorney/>.

[117] Civil Code, ibid, ss 256-259, 268-269, 273.

[118] Civil Code, ibid,ss 256-259.

[119] Civil Code, ibid,s 276.

[120] Civil Code, ibid,ss 277-278.

[121] Civil Code, ibid, s 274.

[122] Civil Code, ibid, ss 291-294; Curateur Public, “Legal protection measures”, online: www.curateur.gouv.qc.ca/cura/en/majeur/inaptitude/protection/mesures.html [Curateur Public, Legal protection measures]; Educaloi, “Advisors for Adults”, online: <educaloi.qc.ca/en/capsules/advisers-for-adults/>.

[123] Civil Code, ibid.

[124] Civil Code, ibid, ss 285-289; Curateur Public, Legal protection measures, supra note 122.

[125] Civil Code, ibid, ss 281-282; Curateur Public, Legal protection measures, ibid.

[126] Civil Code, ibid, ss 266-267, 222, 226.

[127] Civil Code, ibid, s 260, 265.

[128] Civil Code, ibid, ss 295-297; Curateur Public, Legal protection measures, supra note 122.

[129] Civil Code, ibid, ss 261-264; Public Curator Act, supra note 7, s 12.

[130] Public Curator Act, ibid, s 12.

[131] Ibid, s 13.

[132] Ibid, ss 12-13, 15, 17-17.1.

[133] Ibid, ss 20-23.

[134] Ibid, ss 27, 28.

[135] Act respecting public inquiry commissions, CQLR c C-37.

[136] Combat Maltreatment Act, supra note 2, ss 11-12.

[137] Quebec Charter, supra note 1, ss 82, 134.

[138] Act respecting labour standards, supra note 10, s 79.1.

[139] Ibid, s 79.2.

[140] Ibid, ss 79.3-79.4.

[141] Individual and Family Assistance Act, supra note 11, s 53.

[142] Ministry of Labour, Employment and Social Solidarity, ADEL – Online decision support (Gaspe, QU) at “Last resort financial assistance – 01 Customer identification – Special statuses – Adult Immigrant – Permanent resident – Sponsored immigrant – Defaulting guarantor”, online: <www.mani.mess.gouv.qc.ca/>.