Human rights lawyer
Every person is fully able to exercise his civil rights.
In certain cases, the law provides for representation or assistance.
Human rights lawyers in Quebec
A human rights lawyer in Quebec protects the civil rights of every individual. There is a presumption that every person is capable of fully exercising their civil rights. These include the right to contract, to make transactions, to accept or refuse care, to decide where to live or even to use their assets as they see fit.
For these reasons, our human rights lawyers are committed to representing you and defending your rights and freedoms.
It is important to note that any decision to establish a protective supervision regime must be made in the best interests of the incapacitated adult, with respect for their rights and the preservation of their autonomy.
Legal framework for protection mandates and representation arrangements
In some cases, a person’s cognitive condition may compromise their ability to exercise some or all of their civil rights. In such cases, it may be necessary to set up a representation or assistance arrangement if the person has not already completed a protection mandate in case of incapacity.
In this event, the probate of the mandate allows the designated person to assume the role of mandatary and represent the person who has become incapable of exercising their civil rights. If a protection mandate has not been completed or if its probate is contested, a protection regime such as guardianship may be put in place.
You may need a human rights lawyer to guide you through your legal proceedings. Our services comply with the provisions of the Charter of Rights and Freedoms and are consistent with the standards of the Quebec Bar.
How can our human rights lawyers help you?
In the event that you are the subject of a request to homologate a protective mandate in the event of incapacity or the establishment of protective supervision, and that you disagree with this request, our human rights lawyers can assist you in contesting this request.
In the same way, in the event that you wish to proceed with the homologation of a protective mandate in the event of incapacity or that you wish to proceed with the establishment of protective supervision such as guardianship or curatorship, our human rights law firm can inform you of your rights and remedies and represent you before the court, the Supreme Court of Canada, or other courts in the event of a dispute.
Comprehensive legal support in the best interests of the individual
Despite the above, it goes without saying that all decisions should only be made considering the best interests of the incapacitated person. Our human rights firm therefore agrees to accompany interested people and make the necessary representations before the court only if they are in the best interests of the incapacitated person.
As with all the other legal services offered by our firm — medical liability, health law, forensic psychiatry, disability insurance or personal injury — our turnkey approach ensures that we carry out every step of the process, including when it is necessary to hire the services of independent experts to carry out medical and psychosocial assessments required to set up a system of representation or assistance.
Examples of our work in human rights law
Our civil rights lawyers can assist and represent you in the following situations:
- You wish to challenge the homologation of a protective mandate in the event of incapacity
- You wish to have a protective mandate homologated in the event of incapacity, but the author of the mandate or one of the relatives of the incapacitated adult of full age disputes the homologation of this mandate
- A relative wishes to have a protective mandate approved in the event of incapacity for an incapacitated person, and you consider that the person appointed in the mandate would be inadequate in their duties
- You wish to contest a request made to proceed to protective supervision
- You wish to request protective supervision, but the person aimed by your request and / or one of the relatives of the person aimed by your request disputes your request
Services offered by a human rights lawyer
We offer specialized services in:
- Drafting and validating protection mandates: allowing you to designate a trusted person to make medical and personal decisions if you become unable to do so;
- Guardianship and trusteeship: putting legal measures in place to protect incapacitated or vulnerable adults and ensure the proper management of their personal and financial affairs;
- Protection of patients’ rights: ensuring that medical decisions respect your consent, dignity, and interests;
- Legal representation in court: defending vulnerable individuals in all legal proceedings related to their protection;
- Legal planning and prevention: advice and strategies to anticipate situations of vulnerability and avoid conflicts or inappropriate decisions.
Call on our human rights lawyers
If you wish to know your rights with regard to protective supervision or if you wish to contest or request the opening of such a regime or the homologation of a protective mandate, do not hesitate to contact us. Our human rights lawyers will represent you.
Frequently asked questions
How can you find the best human rights lawyer?
To choose a competent human rights lawyer, look for a professional with experience in protecting vulnerable individuals, protection orders, guardianship, and conservatorship. Check their knowledge of health law, their reputation among clients, and their ability to clearly explain legal procedures. A good lawyer will take the time to understand your specific situation and offer personalized solutions to protect your rights or those of your loved ones.
How much does it cost to consult a human rights lawyer?
Fees vary depending on the complexity of the case and the type of service required. Some lawyers offer initial consultations, while others offer flat rates or hourly rates for more complex procedures, such as drafting a protection mandate or representing clients in guardianship or curatorship cases. Your lawyer will always be able to provide you with a clear estimate tailored to your situation before beginning any proceedings.
Can the services offered by a human rights lawyer be provided online?
Yes. Many services can be provided remotely, including drafting and validating protection mandates, providing legal advice, and preparing documents for guardianship or curatorship. Online meetings save time while still providing personalized and secure support. However, some procedures may require a physical signature or an in-person meeting, depending on legal requirements.
When should you consult a human rights lawyer?
It is recommended that you consult a lawyer as soon as you or a loved one is faced with a situation that may affect your autonomy and human rights more broadly:
- To establish a protection mandate to plan for medical decisions in the event of incapacity;
- To set up guardianship or conservatorship for a vulnerable loved one;
- When a patient suffers harm or medical malpractice;
- To protect the rights of an incapacitated adult or vulnerable patient.
Early intervention can prevent conflicts, secure decisions, and ensure that your rights or those of your loved ones are respected.
What is the role of the court in a representation regime?
The court is not bound by the request to establish a representation or assistance regime. The court may establish a regime that differs from the one requested.
Who can apply for the establishment of a protective regime?
The following persons may apply for the establishment of a protective regime:
- The adult himself or herself;
- His or her spouse;
- His or her close relatives and relatives by marriage;
- Any person who demonstrates a particular interest in the adult;
- The public curator;
- Any other interested party.
What does a human rights lawyer do?
A human rights lawyer works to protect your rights and freedoms guaranteed by the Canadian and Quebec charters, such as freedom of expression and the right to non-discrimination. They also provide assistance to vulnerable individuals, whether they are incapacitated adults under a protection mandate or representation regime, or victims of abuse, particularly seniors or people with mental disorders. Finally, they represent you in court to defend your rights and ensure that your interests, or those of your loved ones, are respected at every stage of the proceedings.