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The Rules of the Game! Thank you!

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1 The Rules of the Game! Thank you!
NOTES FOR VOLUNTEER LEGAL PROFESSIONAL Feel free to change this PowerPoint for purposes of your presentation. Start the workshop by introducing yourself. For many students, you’re the first legal professional they’ve ever met. Tell them briefly why you chose your career, why the law interests you, about your legal training and day-to-day work. Also, tell them that you’re here to lead a legal workshop, not to answer specific questions about personal legal problems they might have. If they have this type of question, you can refer them to other resources at the end of the workshop. This PowerPoint presentation was revised in June Although it is based on general legal concepts that do not change much, we encourage you to look out for legislative changes since that time. Please let us know about any changes that come to your attention. You can also contact us to see if there is a more recent version of the presentation. These documents are for the exclusive use of Éducaloi and its volunteer legal professionals. If you want to give a copy to the teacher, please give a version without the notes under the slides. Avoid long monologues! Interact with students. Encourage them to express their opinions, and ask questions about the issues raised. This will make the workshop more interesting! Thank you! © Éducaloi, 2016 © Éducaloi, English version, (Last update, 2017.)

2 Game Menu 30 points 50 points 30 points 30 points 50 points 30 points
Word Scramble For or Against Find the Problem 30 points 50 points 30 points NOTES FOR VOLUNTEER LEGAL PROFESSIONAL Overview: Teams take turns answering questions to earn points. The team with the most points at the end of the game wins. Playing the game: The team whose turn it is to play (the “active” team) chooses a game category from the Game Menu (this slide): Word Scramble – 30 points For or Against – 50 points Find the Problem – 30 points The active team answers the question. The next team has a right of reply according to the instructions for each game. The team with the correct or better answer gets the points. After the teams give their answers, explain the answers using the legal information contained in the notes under each slide. The team that had a right of reply then becomes the active team and chooses its own game category. Additional Questions You can use the additional questions in the following situations: You have to choose between teams to decide the winner, for example, two teams are tied for first place. When there’s still time left at the end of the game, but not enough to start a new round. To go directly to the question chosen, click on the appropriate icon. Clicking the icon brings you to the question slide and the icon automatically disappears from the Game Menu. You can return to the Game Menu at any time using the button at the bottom of each answer slide. The following slides contain examples and the rules for each game. 30 points 50 points 30 points 30 points 50 points 30 points 30 points 50 points 30 points Additional Questions End © Éducaloi, 2016

3 Examples The Rules of the Game! Return to Game Menu
NOTES FOR VOLUNTEER LEGAL PROFESSIONAL Before starting, explain each game to the students. The examples on Slides 4 to 6 show how to play each game. Return to Game Menu © Éducaloi, 2016

4 Word Scramble example aeemplx 30 points
Using the clues, unscramble the letters to find the name of a government body. NOTES FOR VOLUNTEER LEGAL PROFESSIONAL In Word Scramble, students unscramble the letters to find the name of the government body described in the clues. The slide following the question contains the answer and information about the government body. Note that the names are in French because this is the official name of the government body. Students need to know the official name in order to research and find information about it. The unofficial English names appear in the notes. Give the students the English names as well and explain why they need to know the French names. Rules Teams have 20 seconds to unscramble the name of the government body. If the active team gives the wrong answer, the next team up for play has a right of reply. Word Scramble teaches students about organizations that can provide information and help them in their adult lives. To make the workshop fun as well as educational, talk about the organization using the information on the slide following the question. Press the keyboard’s right arrow or space bar to make the answer appear. Return to Game Menu © Éducaloi, 2016

5 For or Against 50 points Read the statement and decide whether you are “for” or “against.” Team members discuss possible arguments and choose a spokesperson. The spokesperson has 30 seconds to present the team’s strongest arguments to the class. The next team to play has to argue the opposite position. For example, if you decided to argue “for” the statement, the next team has to argue “against” it. The volunteer legal professional decides which team presented the strongest arguments. NOTES FOR VOLUNTEER LEGAL PROFESSIONAL In FOR OR AGAINST students debate the legal issues raised by the statements on the slides. The slide following the question contains the answer and relevant legal information.  Play After reading the statement, the active team decides whether it is “for” or “against” and then tells the class. The team has 45 seconds to come up with good arguments in support of their position. They choose a spokesperson to present their best arguments to the class. The spokesperson has 30 seconds to argue the team’s side. The next team up for play has a right of reply but must take the opposite side. For example, if the active team chose “for,” the next team has to present arguments “against.” Note: The next team’s right of reply doesn’t affect its right to play its turn. In other words, it becomes the next active team and chooses its own game and question. Points Evaluate each team on the strength of its arguments and not on the legal accuracy of the arguments. In other words, it is the team that is most convincing that wins, regardless of whether their arguments were legally correct. The winning team earns 50 points. For or Against encourages students to think about the legal aspects of everyday life and to learn that there is often more than one way to see things. Don't hesitate to correct or complete the students’ arguments once they are done Return to Game Menu © Éducaloi, 2016

6 What’s illegal in this picture?
Find the Problem 30 points What’s illegal in this picture? NOTES FOR VOLUNTEER LEGAL PROFESSIONAL In Find the Problem teams take turns finding the legal issue suggested by the image on the slide. If the active team gives the wrong answer, the next team up for play has a right of reply. The slide following the image contains relevant legal information. Find the Problem debunks some legal myths. Return to Game Menu © Éducaloi, 2016

7 . . . and Action! The Rules of the Game! Return to Game Menu
NOTES FOR VOLUNTEER LEGAL PROFESSIONAL Now that you have explained the rules to the students, return to the Game Menu (Slide 2) to begin the game. To do this, click on the black button: Return to Game Menu Return to Game Menu © Éducaloi, 2016

8 Commission eds ositdr ed al eeonnprs et des droits de la jeunesse
Word Scramble – 30 points Commission eds ositdr ed al eeonnprs et des droits de la jeunesse Answer: Commission des droits de la personne et des droits de la jeunesse Unofficial English name: human rights commission SOURCES FOR INFORMATION ON THE NEXT PAGE Law Charter of Human Rights and Freedoms, CQLR, c. C-12, ss 1, 3, 5, 10, 22, 23, 28, 29, 33, 40, 46, 48, 57, 71(2), 78, 80. Website Commission des droits de la personne et des droits de la jeunesse [ Next slide: Answers and information about the Commission des droits de la personne et des droits de la jeunesse Clue: Government body that protects people against unfair treatment based on their race, sex, sexual orientation, age, religion, etc. Answer (next slide) © Éducaloi, 2016

9 Commission des droits de la personne et des droits de la jeunesse
Answer: Commission des droits de la personne et des droits de la jeunesse INFORMATION FOR STUDENTS The Commission des droits de la personne et des droits de la jeunesse is an independent government body. It’s mission is to ensure that human rights and freedoms are recognized and respected, such as these: right to freedom of religion, opinion and expression right to equality right of children to attend school right of elderly and disabled persons to protection and many more In Quebec these rights are protected in the Quebec Charter of Human Rights and Freedoms. The Charter prohibits discrimination on the following grounds: race, colour, ethic origin and religion age, sex, sexual orientation, gender identity or expression social condition disability pregnancy political convictions etc. The Charter also states where discrimination is prohibited: at work in housing in public services, transportation and places (e.g., restaurants, parks, buses, schools, etc.) in legal acts (e.g., contracts, collective agreements, wills) ADDITIONAL INFORMATION People who feel they have been victims of discrimination can file a complaint with the Commission. If the complaint is justified, the Commission can do the following: Recommend solutions, such as mediation. Mediation helps people negotiate an agreement to solve their conflict in a way that is acceptable to everyone. If mediation doesn’t solve the problem, the Commission can conduct an investigation and recommend solutions. When the Commission’s recommendations aren’t followed after an investigation, the Commission can take the matter to court. If so, the Commission can provide a lawyer for the victim free of charge. Helps victims of discrimination or harassment education and information investigation and mediation representation by a lawyer, if necessary and much more! Discrimination: Unfair treatment based on a person’s race, sex, sexual orientation, age, religion, etc.. Return to Game Menu © Éducaloi, 2016

10 Office de la protection ud morsconaetmu
Word Scramble – 30 points Office de la protection ud morsconaetmu Clue: A government body that protects people who buy goods or services from a merchant Answer: Office de la protection du consommateur Unofficial English name: consumer protection bureau SOURCES FOR INFORMATION ON THE NEXT PAGE Law Consumer Protection Act, CQLR c P-40.1, ss 1 (“consumer”), 2, 34–54, 54.4(k), 219–252, 291–292. Decree Order in Council respecting the Policy on accurate pricing for merchants who use optical scanner technology, CQLR c P-40.1, r 2. Website Website of the OPC: (consulted in June 2015). For more information Éducaloi’s article on the Office de la protection du consommateur [ Next slide: Answer and information about the Office de la protection du consommateur. Answer (next slide) © Éducaloi, 2016

11 Office de la protection du consommateur
Answer: Office de la protection du consommateur NOTES FOR VOLUNTEER LEGAL PROFESSIONAL First, define the word “consumer.” Consumer: a person who obtains goods or services from a merchant for personal use (and not for business use). INFORMATION FOR STUDENTS The Office de la protection du consommateur (OPC) is a government body that helps consumers in Quebec make informed choices and tells them about their rights, their responsibilities, and their recourses. A consumer who can’t settle a problem with a merchant can file a complaint with the OPC. Before filing a complaint, consumers can try to settle the problem by calling or writing to the merchant’s customer service department. The OPC does not intervene in the case of purchases between individuals (for example, purchases from a website like Kijiji or LesPAC, or at a garage sale). ADDITIONAL INFORMATION The OPC takes action to ensure merchants respect their obligations in these areas: advertising warranties exchanges and refunds prices and discounts delivery and delays etc. Helps consumers make informed choices Informs them of their rights their responsibilities what to do if they have a problem with a merchant Consumer: a person who obtains goods or services from a merchant for personal use Return to Game Menu © Éducaloi, 2016

12 Word Scramble – 30 points Commission des normes, de l’équité, de la tsaén te ed al éétusicr ud arvatil Answer: Commission des norms, de l’équité, de la santé et de la sécurité du travail Unofficial English name: labour standards, pay equity and workplace health and safety board SOURCES FOR INFORMATION ON THE NEXT PAGE Law Act respecting labour standards, CQLR c N-1.1, ss 1(10), 1(2), 2, 3, 3.1, 5, 39, 40, 52ff, 59.1, 66ff, 104, 81.20(2), Canada Labour Code, RSC 1985, c L-2, s 167. Regulation respecting labour standards, CQLR c N-1.1, r 3, ss 2–3. Constitution Act, 1867 (UK), 30 & 31 Victoria, c 3, ss 91–92 Website Commission des normes du travail, [ (consulted in June 2015). For more information Éducaloi (Workplace Protections in Quebec), [ Éducaloi (Labour Standards: Rules for the Workplace), [ Next slide: Answers and information about the Commission des normes du travail (now the Commission des normes du travail, de l’équité, de la santé et de la sécurité du travail (board for labour standards, pay equity, and health and safety at work)) Clue: A government body that intervenes when employees have problems with their bosses Answer (next slide) © Éducaloi, 2016

13 Answer: Commission des normes, de l’équité, de la santé et de la sécurité du travail NOTE FOR VOLUNTEER LEGAL PROFESSIONAL To make the presentation easier, we will deal only with labour standards function of the CNESST. INFORMATION FOR STUDENTS A law called the Act respecting labour standards applies to most employees in Quebec (see “Additional Information” below). This law sets the minimum working conditions that employers must offer their employees. minimum wage (currently $11.25/hour*) breaks, vacation and legal holidays (e.g., an employee is allowed a 30-minute meal break after working five consecutive hours) payment for hours spent on training length of a normal workweek etc. The Commission des normes du travail, de l’équité, de la santé et de la sécurité du travail (labour standards, pay equity, and workplace health and safety board) informs the public, employees and employers about labour standards hears employee complaints conducts investigations and if applicable, compensates employees encourages employers and employees to reach an agreement through mediation ADDITIONAL INFORMATION The Act respecting labour standards does not apply to all employees in Quebec. Some people are only partially protected: volunteers babysitters students working in co-op programs arranged through their schools construction workers senior managers Other workers are totally excluded from the law: self-employed workers (i.e., people who own their own business) people who work for businesses that are governed by federal laws (e.g., banks, radio or television stations, telecommunication firms.) * Since May 1, Usually indexed on May 1 of each year. Gives information to employees and employers Ensures they respect the law on labour standards, pay equity and workplace health and safety Helps employees file complaints or reach agreements with employers who don’t follow the law The law sets minimum working conditions that employers must offer (minimum wage, breaks, etc.). Return to Game Menu © Éducaloi, 2017

14 Régie ud tgonelme Word Scramble – 30 points Clue:
Answer: Régie du logement Unofficial English name: rental board SOURCES FOR INFORMATION ON THE NEXT PAGE Law An Act respecting the Régie du logement, CQLR c R-8.1, ss 4, 5, 28. Civil Code of Québec, CQLR c C-1991, arts 1942–1943, 1945, 1957, 1963, 1971, 1972, 1973. Website Régie du logement [ (consulted in June 2015). For more information Éducaloi article: The Régie du logement (rental board, Next slide: Answer and information about the Régie du logement. Clue: Government body that gives information to tenants and landlords, among other things Answer (next slide) © Éducaloi, 2016

15 Régie du logement Answer: www.rdl.gouv.qc.ca
Informs landlords and tenants of their rights and responsibilities Decides cases involving rental housing INFORMATION FOR STUDENTS Mission of the Régie du logement: Informs landlords and tenants of their rights and responsibilities Decides cases involving rental housing Helps landlords and tenants agree on a solution to their dispute (conciliation service) How landlords and tenants can obtain information: On the website of the Régie du logement ( By contacting the Régie by telephone (visit the website to obtain the local telephone number) On Éducaloi’s website ( which provides information in plain language Kinds of cases where a tenant has to appear before the Régie du logement: The landlord wants to cancel the lease because the tenant hasn’t paid the rent. The tenant doesn’t agree with a change the landlord wants to make to the lease (e.g., increase the rent). The tenant opposes the landlord’s repossession of the apartment. The landlord is not respecting his or her responsibilities (e.g., keeping the apartment in liveable condition). Return to Game Menu © Éducaloi, 2016

16 For or Against – 50 points A landlord should be allowed to ask for three months’ rent when the lease is signed. SOURCES FOR INFORMATION ON THE NEXT PAGE Law Civil Code of Québec, CQLR c C-1991, arts 1851, 1893, 1904. Website Régie du logement, [ (consulted on June 2, 2015). For more information Éducaloi (Leases), [ Next slide: Answer and legal information Answer (next slide) © Éducaloi, 2016

17 Answer: Landlords can ask only for the first month’s rent when the lease is signed. INFORMATION FOR STUDENTS As a general rule, anyone who signs a lease must do what it says. But if something written in a lease is illegal, the tenant is not required to follow it. Just because it’s written in the lease doesn’t mean it’s legal. It has no legal effect and is treated as though it were not written in the lease. Examples of illegal clauses that have no effect: requiring the tenant to pay more than one month’s rent in advance requiring the tenant to pay anything other than rent, whether as a deposit or in some other way (e.g., $500 to guarantee that the apartment will be in good condition when the tenant leaves) ADDITIONAL INFORMATION Signing a lease is a serious commitment. Once it’s signed, neither the landlord nor the tenant can change their minds. A lease is a contract, and like any other contract, it must be respected. A lease sets out the rights and responsibilities of the tenant and the landlord. It should be read over carefully before signing to know exactly what the tenant’s and landlord’s rights and responsibilities are. A tenant has several responsibilities under the lease, such as paying the rent on a certain date. Tenants can discuss the lease with the landlord to make sure they understand everything. NOTES FOR VOLUNTEER LEGAL PROFESSIONAL You can decide not to discuss the Régie du logement at this point because it is dealt with in a Word Scramble question. But it’s important to explain the role of the Régie before ending the workshop. If there’s no time during the Word Scramble question, give students the relevant information when talking about the resources at the end of the workshop (Slide 37). A lease is a contract and you must take it seriously. Important! The lease must respect the law. Just because something is written in the lease doesn’t mean it’s legal. Return to Game Menu © Éducaloi, 2016

18 For or Against – 50 points I should have the right to hit someone who insults me or a member of my family. After all, that person asked for it! SOURCES FOR INFORMATION ON THE NEXT PAGE Law Criminal Code, RSC 1985, c C-46, ss 34, 232, 265. Jurisprudence R. v Lavallée, [1990] 1 R.C.S. 852. R. c. Tran, [2010] 3 SCR 350, 2010 SCC 58. Doctrine Bourque, Sophie, “Les moyens de défense” in École du Barreau du Québec, Droit pénal : infractions, moyens de défense et peine, Collection de droit , vol. 12 (Cowansville: Yvon Blais, 2014) 199 at 218, 224–227, 232. Robert Goguen, Parliamentary Secretary to the Minister of Justice, House of Commons debates, 1 December 2011. Next slide: Answer and legal information Answer (next slide) © Éducaloi, 2016

19 Answer: Using force against people without their consent is a crime (“assault”). Saying you were provoked by the person is not a valid defence in this case. INFORMATION FOR STUDENTS The crime of assault is the use of force against someone without their permission (consent). The provocation defence applies when a person reacts to provocation on impulse and in the heat of passion before regaining self-control. The defence applies only if the following conditions are present: The person is accused of murder. So a person charged with assault, for example, can’t use the provocation defence. The provocation amounts to a crime punishable by five years in prison. A mere insult isn’t enough to justify the defence. Important! If a provocation defence succeeds, it doesn’t mean that the accused is pardoned. Instead, it simply reduces a “murder conviction” to “manslaughter,” a less serious crime. ADDITIONAL INFORMATION In a case like this, students might want to argue self defence. People can argue self defence to justify using force against someone to defend or protect themselves in these situations: They have good reason to fear that they, or someone else, will be attacked. They acted reasonably in the circumstances, that is, they had no other way to defend themselves (e.g., they couldn’t escape or protect themselves any other way), their reaction was in proportion to the force used or threatened, the threat or attack was imminent, etc. But it is not a valid defence in the case of a mere insult. Return to Game Menu © Éducaloi, 2016

20 For or Against – 50 Points A police officer who stops my car should have the right to search me to see if I’ve committed a crime. SOURCES FOR INFORMATION ON THE NEXT PAGE Law Canadian Charter of Rights and Freedoms, being Schedule B to the Canada Act 1982 (UK), 1982, c 11, ss 7, 8, 9, 20. Criminal Code, s Jurisprudence R v Edwards, [1996] 1 SCR 128. R v Mann, [2004] 3 SCR 59, 2004 SCC 52, paras 39–40. R v AM, [2008] 1 SCR 569, 2008 SCC 19. R v Caslake, [1998] 1 SCR 51, para 19. R v Patrick, [2009] 1 SCR 579, 2009 SCC17. Next slide: Answer and legal information Answer (next slide) © Éducaloi, 2016

21 Answer: General Rule: Everyone has a right to privacy.
Police officers can’t search people based only on suspicion. In some situations, police officers are allowed to search a person. Example: When police officers have good reason to arrest the person INFORMATION FOR STUDENTS As a general rule, everyone has the right to privacy. This right is protected under the Canadian Charter of Rights and Freedoms and is a fundamental right. The Charter also protects against abusive searches, specifically by government employees, such as police and customs officers. Protection against abusive searches is based on the right to privacy. Police officers shouldn’t be looking through our bags or pockets just because they have a mere suspicion. However, they are allowed to carry out searches if they have serious reason to believe that a person committed a crime or is likely to commit one. If the police have good reason to arrest someone, they have the right to search the person. They usually do a superficial search over the person’s clothing. But they can also do a more invasive search for security reasons or to search for evidence, such as drugs. In this case, they are also allowed to search the person’s clothing, bags and car, for example. Other circumstances can justify a search. Here are some examples: when police officers have permission from a judge when police officers have good reason to believe there is a threat to their own or the public’s safety when the person consents to being searched in situations where a person’s right to privacy is limited. For example, people held in a detention centre have less right to privacy than when they’re in their own home. Return to Game Menu © Éducaloi, 2016

22 After all, respect goes two ways!
For or Against – 50 points We should be allowed to tell police officers to leave if they don’t respect our rights. After all, respect goes two ways! SOURCES FOR INFORMATION ON THE NEXT PAGE Laws Code of ethics of Québec police officers, CQLR c P-13.1, r 1. Police Act, CQLR c P-13.1, ss 143, 150, 178, 233. Criminal Code, RSC 1985, c C-46, s 175. Jurisprudence Bernier v Comité de déontologie policière, 2007 QCCQ 1136. St-Lin-Laurentides (Ville de) v St-Pierre, 2010 QCCM 333. Website “Police Ethics: How to Exercise Your Rights” (website): deontologie-policiere.gouv.qc.ca/index.php?id=74&L=1 (Consulted in June 2015). For more information Éducaloi (La déontologie policière), [ (French only) Next slide: Answer and legal information Answer (next slide) © Éducaloi, 2016

23 Answer: INFORMATION FOR STUDENTS Police officers play an important role in society. They maintain peace, order and public safety. They prevent crime. They make sure that people respect the law. It’s important that people respect the work police officers do. In some Quebec municipalities people who verbally abuse police officers can be punished. Someone who insults a police officer might be fined. Insulting a police officer while disturbing the peace in a public place (e.g., yelling, using obscene language or being drunk) might amount to a crime called “disturbing the peace.” Police officers must also follow rules of conduct when dealing with the public. For example, police officers cannot be disrespectful or impolite, use foul or obscene language or swear, abuse their authority to get someone to talk, or refuse to identify themselves if someone asks them to. All circumstances have to be considered when deciding whether a police officer didn’t respect the rules of conduct. People who feel that a police officer didn’t follow the rules of conduct required of police officers can file a complaint (see Additional Information). ADDITIONAL INFORMATION Complaints about police officers are filed with the Police Ethics Commissioner or at any police station. Complaints must be in writing, filed within one year after the event occurred and include the following information: what the police officer is being accused of the circumstances (date, place, etc.) evidence, such as pictures or recordings, if available relevant documents (ticket, document showing the charges, etc.) any other relevant facts The punishment for police officers who don’t follow the rules of conduct include: warning, reprimand or censure, suspension without pay for up to 60 days, demotion, dismissal, and criminal charges Not showing respect for a police officer is a crime in some cases. Police officers must also follow rules. If they don’t, they can be punished or charged with a crime. Return to Game Menu © Éducaloi, 2016

24 Find the Problem – 30 points
1. 2. Girl – age 12 Guy – age 14 Girl – age 16 Guy – age 26 3. 4. Answer: Age for Consent to Sexual Activity Consent is not legal because the age difference is too great (16 and 13). SOURCES FOR INFORMATION ON THE NEXT PAGE Law Criminal Code, RSC c C-46, ss 150.1, 153, Jurisprudence R v Audet, [1996] 2 SCR 171 at paras 14ff. R v D.D., 2005 CanLII Use the keyboard’s right arrow or space bar to reveal the answer. Next slide: Answer and legal information Girl – age 16 Guy – age 13 Girl – age 19 Girl – age 15 Answer (next slide) © Éducaloi, 2016

25 Age for Consent to Sexual Activity
Answer: Age for Consent to Sexual Activity LEGAL INFORMATION - Age for Consent to Sexual Activity Sexual consent means agreeing to have sex with another person. No always means no. But in the case of minors, saying “yes” might not be enough for sexual consent to be legal. The rules are not limited to complete sexual relations. A kiss or nudge of the foot under a table might also be a sexual activity. In Canada the minimum age for consenting to a sexual activity is 16 years. But someone under 16 can give legal consent to sexual activity with a person who is close in age. These are the legal age differences: If the younger partner is 12 or 13 years old, the older partner can’t be more than two years older. If the younger partner is 14 or 15 years old, the older partner can’t be more than five years older. If a teenager is not old enough, or if the partners don’t have equal status in the relationship, the consent is not legal. The older partner, or the partner with more power in the relationship, might be accused of sexual assault, even though the younger or weaker partner has said “yes” to the activity. Inequality If you’re under 18, your consent is never legal if you don’t have equal status in the relationship with your partner. If your partner is in a position of authority or trust over you, the relationship is not one of equals. This is also the case if you are dependant on your partner or the other person uses their age or position to exploit or take advantage of you. Examples: Teachers are usually in a position of authority over their students. A teen would be dependant on another person who gives the teen a place to live when the teen has nowhere else to go. An older person can use the age difference to exploit or take advantage of a teen. FOOD FOR THOUGHT Ask the students whether they think the partner’s gender makes a difference (e.g., an older woman with a teenaged boy). The partners’ gender has nothing to do with whether the sexual activity is legal. When deciding whether sexual activity is legal, it’s important to determine whether consent was given, and whether the consent was legal. Age of Younger Person Age Difference Allowed years 2 years (less 1 day) years 5 years (less 1 day) IMPORTANT! Under 18, consent is never legal if there is inequality in the relationship. Return to Game Menu © Éducaloi, 2016

26 Find the Problem – 30 points
How much were you paid on your last job? If you were an animal, what would you be? Why did your previous employer let you go? What do you think of the new government? Answer: Question 4 is discriminatory. SOURCES FOR INFORMATION ON THE NEXT PAGE Law Charter of Human Rights and Freedoms, CQLR c C-12., ss 10, 10.1, 16, 17, 18.1, 20. Jurisprudence Commission des droits de la personne et des droits de la jeunesse v Systématix Technologies de l'information inc., 2010 QCTDP 18. Website Commission des droits de la personne et des droits de la jeunesse: [ Click on the keyboard’s right arrow or space bar to make the answer appear. Next slide: Answer and legal information Answers (next slide) © Éducaloi, 2016

27 unless they’re important for the job.
Answer: Discrimination is not allowed in the hiring process. Questions on these topics your religion a disability you have your intention to have children your age your political views your sexual orientation . . . are NOT ALLOWED unless they’re important for the job. LEGAL INFORMATION Discrimination is not allowed at work. You can’t treat your employees or colleagues differently because of their personal characteristics, such as their gender, age, religion, ethnic origin, colour, disability, etc. A future employer isn’t allowed to ask applicants about their personal characteristics, unless these characteristics are important for doing the job. This restriction applies to the following: job application forms pre-employment medical examinations job interviews Examples of questions that aren’t allowed during an interview: “What is your religion?” (question about one’s religion) “Do you plan on having children soon?” (question about pregnancy) “Who will you be voting for?” (question about political views) “Your name doesn’t sound Québécois. Where is your family from?” (question about ethnic background) Harassment is also not allowed in the workplace. Harassment means using disrespectful, offensive or hostile words or actions towards a person. If these words or actions are based on a personal characteristic, it’s called discriminatory harassment. Example: repeated jokes or comments about a colleague’s disability, religion or sexual orientation Situations like these infringe the Quebec Charter of Human Rights and Freedoms. One of the Word Scramble questions deals with the Commission des droits de la personne et des droits de la jeunesse. You can decide not to answer the question now, but it’s important to explain the Commission’s role before the end of the workshop. If there’s no time during the Word Scramble question, you can give students the necessary information when discussing the “Resources” (slide 37) at the end of the workshop. FOOD FOR THOUGHT Even though employers are not allowed to ask questions about an applicant’s personal characteristics in job interviews, some employers ask them anyway. How should you answer? That’s a tough decision, especially if you really want the job! Return to Game Menu © Éducaloi, 2016

28 Find the Problem – 30 points
Carlos is in the parking lot of a bar. He just celebrated his birthday. The engine is not running. Answer: Sobering up on the back seat of your car can be a crime. People can be accused of impaired driving even if they are asleep on the back seat of a car. SOURCES FOR INFORMATION ON THE NEXT PAGE Law Criminal Code, RSC 1985, c C-46, ss 2 (“motor vehicle”), 253, 258(1)(a). Jurisprudence R v Boudreault, [2012] 3 SCR 157, 2012 SCC 56 (CanLII). Next slide: Answer and legal information Answer (next slide) © Éducaloi, 2016

29 Answer: Impaired driving Driving with a blood-alcohol level over .08
It’s not a good idea to be in your car when you’ve been drinking or using drugs even if the engine isn’t on. You could be charged with these crimes: Impaired driving Driving with a blood-alcohol level over .08 This can happen even if : you are asleep on the back seat you don’t have the keys in your pocket INFORMATION FOR STUDENTS The law says you can’t have the care and control of a vehicle when you are impaired by drugs or alcohol. Having the care and control of a vehicle means there’s a possibility you might start it. Judges have decided that a person has the care and control of a vehicle even in these cases: The person was asleep in the car. A person who is impaired might have bad judgment and decide to drive the car when she wakes up. The person didn’t have the keys in her pocket. As long as the person can get to the keys, there is a risk that she will drive the car. Just being in the driver’s seat is enough to prove you had the care and control of a car. A person who is arrested in this situation must prove to the judge that there was no realistic risk of danger. If you’ve been drinking or using drugs, don’t get into the car . . . except as a passenger with a designated driver! Return to Game Menu © Éducaloi, 2016

30 Find the Problem - 30 Points
Answer: It’s illegal for a gift card to have an expiry date. SOURCES FOR INFORMATION ON THE NEXT PAGE Law Consumer Protection Act, CQLR c P-40.1, ss 187.1ff. Regulation respecting the application of the Consumer Protection Act, ss 79.1ff. Next slide: Explanation and legal information Valid in all mall stores From: ___________________ Expires on: January 1, 2018 Activation fee: $3.00 Answer (next slide) © Éducaloi, 2016

31 Answer: General Rule: Prepaid cards (e.g., gift cards) can’t have an expiry date. Exceptions : Cell phone cards Cards that give unlimited access to a service (bus pass, gym pass) INFORMATION FOR STUDENTS In law, a gift card is called a “prepaid card.” There can’t be an expiry date on prepaid cards. Examples of prepaid cards: Cell phone card Bus pass Prepaid credit card Gift card for a specific store (e.g., a book store) Gift card for a specific item or service (e.g., a massage) Gift card valid in all stores in a certain location (e.g., a mall) Expiry Date: Since June 30, 2010, prepaid cards cannot have an expiry date, except for cell phone cards and cards giving unlimited access to a service (e.g., bus pass or gym pass). Difference in Price: If the card is for a specific item or service, and the price has gone up since the card was bought, the customer has to pay the difference between the value of the card and the new price only if the following information is on the card: price of the item or service when the card was bought the fact that the merchant can ask for the difference in price the date from which the difference in price can be charged If any of this information isn’t on the card, the customer doesn’t have to pay the difference. Until December 31, 2015, it was possible for tourism cards (e.g., ski pass) to have an expiry as long as the description of the service, the fact the service is seasonal and the expiry date were written on the card. ADDITIONAL INFORMATION Activation Fees: Merchants can’t charge activation fees for prepaid cards except for prepaid credit cards and cards that can be used at different businesses, such as a shopping centre card (the activation fee can’t be more than $3.50 and must be written on the card) Return to Game Menu © Éducaloi, 2016

32 Additional Questions Criminal Work Housing Consumers
Return to Game Menu Housing Consumers End © Éducaloi, 2016

33 10 points for each correct answer!
Criminal Law True or False: Statement 1: FALSE How long a teen’s criminal record is accessible has nothing to do with turning 18. In some cases, the criminal record becomes inaccessible before the teen turns 18. In other cases, it becomes inaccessible after the teen turns 18. The time it takes before a criminal record is no longer accessible depends on the judge’s decision in the teen’s case. Examples: If the charges are dismissed or withdrawn, or the teen receives a reprimand or is found not guilty, the record becomes inaccessible after two months. For teens who receive an absolute discharge, their records become inaccessible after one year. (An absolute discharge means that the accused is found guilty but is not given a sentence.) For teens who receive a conditional discharge, their records become inaccessible after 3 years. (A conditional discharge means there are conditions to accused must respect. An unconditional discharge does not have any conditions attached.) For teens who receive a prison sentence, their records become inaccessible after three to 10 years, depending on the type of crime and whether they received an adult sentence. Statement 2: TRUE A person who does not follow the conditions ordered by a judge could be charged with “breach of condition.” If a judge has ordered conditions and the teen doesn’t follow them after turning 18, the adult criminal system will apply because the teen is no longer a ”young person” under the law (Youth Criminal Justice Act). A person who is having difficulty following a condition should contact the police or a lawyer. Statement 3: FALSE Despite what some people think, Canada still doesn’t allow a person to have possession of a drug, even if it’s a very small amount and is for personal use only. Some people can get special permission to obtain cannabis, but only for medical reasons and under strict conditions. These people can use the drug to treat the pain caused by their illness. Sources: Youth Criminal Justice Act SC 2002, c 1, ss 2 (“young person”), 137, 139. Criminal Code, RSC 1985, c C-46, s Controlled Drugs and Substances Act, SC 1996, c 19 s 4(1). Marihuana for Medical Purposes Regulations, SOR/ , s 125. Narcotic Control Regulations, CRC, c 1041, s 65(2.1). Jean Turmel, La confidentialité sous le régime de la Loi sur le système de justice pénale pour les adolescents, “Collection de droit ,” vol. 11, p Click on the keyboard’s right arrow or space bar to make the statements and answers appear. The criminal records of teens are erased automatically when they turn 18. False Not following a condition ordered by a judge is a crime. True Return to Game Menu I’m allowed to have a small joint of pot on me if it’s for my personal use. False Additional Questions End 10 points for each correct answer! © Éducaloi, 2016

34 10 points for each correct answer!
Work True or False: My boss has to give me a raise every year. False Statement 1: FALSE Employers are not required to give their employees’ a raise, unless it’s in an employment contract or collective agreement. But employers must pay any increase in the minimum wage. Employees can always try to negotiate a salary increase with their boss. Statement 2: FALSE The minimum is three hours at the employee’s regular salary, even if the employee worked less than this. Exceptions: the nature of the work requires less than three hours (an usher in a theatre) the employee has to be present at different times during the day (a school bus driver) Statement 3: FALSE As a general rule, employees don’t have to pay for mistakes they make on the job. Broken dishes or a cash register that doesn’t balance are normal expenses of running a business. They are losses that employers should expect to have. Even if an employee signed a contract agreeing to pay for mistakes at the cash register, the employee can still refuse to pay for them. The only time an employer can take money from an employee’s paycheque is when the employee agrees and signs a document specifying the employer can deduct the money from the employee’s paycheque. Important! Employees who constantly make mistakes or are careless might have to pay their employer for these mistakes. Sources : An Act respecting labour standards, CQLR c N-1.1, ss 40, 49, 49 a contrario, 57, 58, 85.1(3) and 93. Regulation Respecting Labour Standards, CQLR c N-1.1, r 3, ss 10 to 13. Click on the keyboard’s right arrow or space bar to make the statements and answers appear. My boss has to pay me for at least two hours if she asked me to come into work. False Return to Game Menu My boss is allowed to ask me to pay for mistakes I make at the cash. False Additional Questions End 10 points for each correct answer! © Éducaloi, 2016

35 10 points for each correct answer!
Housing True or False: Once I have my own place, I’ll be allowed to play music with my band until 11 p.m. Statement 1: FALSE You’re not allowed to disturb your neighbours. But everyone has to put up with the normal inconveniences of the neighbourhood. Consequences for disturbing your neighbours: You might have to compensate them. Your landlord could ask the Régie du logement to cancel your lease and evict you. Talk with your neighbours to find out when the best time would be for your band practice. Your municipality might have specific rules about noise. It’s worthwhile checking them out. Statement 2: TRUE There is no fixed rate for rent increases. It depends on increases in energy costs, municipal or school taxes, insurance premiums and maintenance costs, and whether major renovations were made to the building which benefit you or all the tenants. A landlord who wants to increase your rent must send you a written notice of the increase. If you have a one-year lease (the usual case), the notice has to be sent from three to six months before the end of the lease. If the increase seems unreasonable, you have 30 days to send a written reply. You have the following options: Tell the landlord you’ll leave at the end of the lease. Accept the increase. Tell the landlord you refuse the rent increase but want to stay in the apartment. In this case the landlord might ask the Régie du logement to set the rent. If you don’t reply, you must pay the rent increase. Statement 3: TRUE A landlord is allowed to prevent you from keeping animals in your apartment, but it must be stated in the lease or building rules. However, a landlord can’t prevent a tenant from having an animal if the animal is necessary because of the tenant’s disability (e.g. a seeing-eye dog). In this case, a statement in the lease or building rules that pets are not allowed has no effect. Sources : Charter of Human Rights and Freedoms, CQLR c C-12, ss 10, 12, 111. Civil Code of Quebec, CQLR c C -1991, ss 976, 1378, 1385, 1386, 1457, 1860, 1894, 1895, 1942, 1945, 1947. An Act Respecting the Régie du logement, CQLR, c R-8.1, s 28. Regulation Respecting the Criteria for the Fixing of Rent, CQLR c R-8.1, r 2, ss 3, 3.1 and 5. Règlement sur le bruit (regulation respecting noise), Outremont, AO -21 (example of a municipal regulation on noise). Carson c Macdonald Inc., 2003 CanLII 40230 (QC CQ). Régie du logement (rental board) [ Click on the keyboard’s right arrow or space bar to make the statements and answers appear. False My landlord is allowed to increase my rent every year. True Return to Game Menu My landlord can prevent me from having a pet, even if the pet doesn’t disturb my neighbours. True Additional Questions End 10 points for each correct answer! © Éducaloi, 2016

36 10 points for each correct answer!
Consumer Law True or False: I have to pay the price shown on the cash register even if it’s higher than the price shown on the store shelves. False Statement 1: FALSE If you notice a mistake in the price, ask whether the Price accuracy policy applies in the store. If it does, the store must respect it. (Some exceptions apply.) If the item is worth less than $10, the store must give it to you at no charge. If the item is worth more than $10, the store must take $10 off the price of the item. If the Policy doesn’t apply, you pay either the price displayed on the shelves or the price shown on the cash register, whichever is lower. If a sale price was left on an item when the sale ended, the merchant can charge the regular price if the sale dates are indicated on the price tag. If no dates are indicated, the Price accuracy policy applies. Statement 2: TRUE Nothing prevents a store from having a policy for preventing theft. The store is allowed to insist that all customers respect the policy, as long as it doesn’t discriminate against certain customers. If a customer’s bag is lost, the store is responsible and must pay the customer the value of the bag. This applies even if there is a sign in the store saying that the store is not responsible for lost or stolen bags. Statement 3: FALSE Stores are not obliged to take back an item that is not defective. But some stores have an internal policy on exchanges and refunds. If so, the store must respect its policy. Better find out what the store’s policy is before making your purchase. Sources : Consumer Protection Act, CQLR c P-40.1, ss 2, 10, 38, 223 and 224(1) c), 253, Competition Act, RSC 1985, c C-34, s 54. Regulation respecting the application of the Consumer Protection Act, CQLR c P-40.1, r 3, ss 91.1, 91.3 to 91.5. Civil Code of Quebec, CQLR c C -1991, ss 2280, 2289. Order in Council respecting the Policy on accurate pricing for merchants who use optical scanner technology, CQLR P-40.1, r 2, ss 1, 3. Click on the keyboard’s right arrow or space bar to make the statements and answers appear. Stores are allowed to make me leave my bag at the entrance. True Return to Game Menu If I change my mind about what I bought, the store has to give me an exchange or a refund. False Additional Questions End 10 points for each correct answer! © Éducaloi, 2016

37 And of course . . . educaloi.qc.ca
RESOURCES Régie du logement [ Office de la protection du consommateur [ Commission des normes, de l’équité, de la santé et de la sécurité au travail [ Commission des droits de la personne et des droits de la jeunesse [ Commission des services juridiques (legal aid) [ Votre boussole juridique (legal services search tool) [ Centres de justice de proximité (local legal information centres) [justicedeproximite.qc.ca] I’ll talk to my lawyer on Wednesday! [ or And of course educaloi.qc.ca ADDITIONAL INFORMATION There are a lot of resources for students who want to learn more about their legal rights and responsibilities, or who have questions for a legal professional. We’ve listed some of these resources on this slide. But there are many more. If you have any ideas for other resources, please share them with the students and let us know so that we can update our list. The Commission des services juridiques (legal services commission) is responsible for legal aid. People with low incomes can receive free or low-cost legal services in some situations. Votre boussole juridique is a search tool for finding free or inexpensive legal resources in Quebec. It helps you find a resource close to where you live for the type of problem you have (e.g., housing, criminal, family, immigration, discrimination). The Centres de justice de proximité (local legal information centres) provide free legal information. There are centres in the lower St. Lawrence, Quebec City, Greater Montreal, Outaouais, Gaspé Peninsula and Magdalen Islands and Saguenay-Lac-Saint-Jean regions. I’ll talk to my lawyer on Wednesday! is a service provided by the Young Bar Association of Montreal. Young people aged 12 to 20 can talk to a lawyer on the phone for free. The service is available to all youths in Quebec no matter where they live. © Éducaloi, 2016

38 To explain the law in language that is easy to understand
Plain Language Registered charity Mission: To explain the law in language that is easy to understand NOTES FOR VOLUNTEER LEGAL PROFESSIONAL With the help of these last few slides, we encourage you to talk briefly about Éducaloi and its mission. If applicable, you can tell the students that you’ll distribute promotional information about Éducaloi. INFORMATION FOR STUDENTS Éducaloi was created in 2000. Its mission is to explain the law in everyday language. Éducaloi thinks legal education is extremely important and must begin in the classroom! Éducaloi is a team of about 20 people: lawyers, notaries and communications experts. Éducaloi works with a lot of volunteers and students to carry out its mission. © Éducaloi, 2016

39 Merci ! Search by Key Word ! INFORMATION FOR STUDENTS
Éducaloi’s website has a Youth Zone for teens 12 to 17 with helpful articles on things like work, family and criminal law. As students become adults, they will likely have new concerns. The articles in the general section of our website will be useful. There are three ways to search for an article: by keyword using the search bar by clicking on the icons by using the drop-down menu . . . and there is much more to discover! © Éducaloi, 2016

40 Thank You! ! educaloi.qc.ca/rulesofthegame
This article discusses topics covered in this workshop #reminder NOTES FOR VOLUNTEER LEGAL PROFESSIONAL Invite students to read our article Get a Good Start in Life: Rules to Know. The article is on our website educaloi.qc.ca and will be a handy reminder of the information discussed in this workshop. © Éducaloi, 2016

41 Thank You! ! NOTES FOR VOLUNTEER LEGAL PROFESSIONAL
If time allows, you can ask students the following questions before ending the workshop: Did anything in the workshop surprise or leave an impression on you? Has the workshop changed your impression of the law and the legal system? *** Thank you for participating. We hope you enjoyed the experience and that we’ll see you again. Please fill out the short evaluation form to give us feedback about your school visit. The form is available in your user space on Éducaloi’s website. You can also send your comments by or by telephone at , ext. 3658. © Éducaloi, 2016


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