Quebec
In this section, we explore human rights, particularly the right to equality and non-discrimination, in the province of Quebec. Learn how these rights are protected, the specific issues relevant to this region, and the resources available to ensure their enforcement and promotion.
Human Rights in Quebec
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Quebec Charte of Human Rights and Freedoms
Protecting Human Rights in Quebec.
The Quebec Charter of Human Rights and Freedoms guarantees the protection of several fundamental rights, including the right to equality, meaning freedom from discrimination. It also safeguards key rights such as the right to life, security, integrity, and personal freedom, the right to assistance when life is in danger, the right to privacy, the right to dignity, and the right to equality. Additionally, the Charter upholds specific rights and freedoms, including freedom of conscience, religion, opinion, expression, peaceful assembly, and association.
Protection Against Discrimination
The Quebec Charter of Human Rights and Freedoms lists the different grounds on which individuals cannot be treated differently. Prohibited grounds of discrimination, meaning those that are legally forbidden, include:
Race, colour, sex, gender identity or expression, pregnancy, sexual orientation, marital status, age (except as provided by law), religion, political convictions, language, ethnic or national origin, social condition, handicap or the use of any means to palliate a handicap.
The Commission des droits de la personne et des droits de la jeunesse
The Commission des droits de la personne et des droits de la jeunesse plays a key role in promoting and protecting human rights as outlined in the Quebec Charter of Human Rights and Freedoms. Its responsibilities include informing the public about these rights, conducting investigations in cases of violations, providing advisory services, and making recommendations to the Quebec government to enhance the protection of human rights.
Filing a Complaint
1 / If You Believe You Are a Victim of Discrimination, You Can File a Complaint with the Commission.
IMPORTANT: The complaint must be filed within three years of the alleged discrimination or within six months if it involves a police service or a municipality. However, the Commission may decide not to investigate a complaint if it is filed more than two years after the events.
2 / The Commission Will Assess the Complaint and Determine the Necessary Actions.
Depending on the case, the Commission may: conduct an investigation, submit the matter to arbitration or mediation, or refer the case to the Quebec Human Rights Tribunal. It may also close the file if the complaint does not meet or no longer meets the required conditions at any stage.
Quebec Human Rights Tribunal
The Quebec Human Rights Tribunal has jurisdiction over cases involving discrimination, harassment, the exploitation of elderly or disabled persons, and disputes related to equal access programs.
For cases of discrimination based on protected grounds under the Quebec Charter, the Commission des droits de la personne et des droits de la jeunesse determines whether to bring the case before the Tribunal on behalf of the complainant. To have a case heard by the Tribunal, an individual must first file a complaint with the Commission, which then decides whether or not to refer the matter to the Tribunal.
If the case is referred to the Tribunal, the Commission represents the complainant by providing them with a lawyer. If the Commission decides not to bring the complaint before the Tribunal, the complainant may, at their own expense and within 90 days of the Commission’s refusal, file the case themselves and choose to represent themselves or hire their own lawyers.
What Types of Reparations Are Possible?
If the Tribunal determines that discrimination has occurred, various reparations may be ordered. For example, the responsible party may be required to compensate the victim and/or implement measures to end the discriminatory act or situation.
For a concrete example, the Tribunal could order a landlord to rent an apartment to a tenant after an unlawful refusal to do so based on the tenant’s sexual orientation.
What If You Disagree with the Tribunal’s Decision?
It is possible to challenge the Tribunal’s decision by appealing the judgment to the Quebec Court of Appeal. However, an appeal must first be granted by one of the judges of the Court. To do so, the losing party must file a request for leave to appeal. If a judge grants permission, the case may proceed to appeal.
IMPORTANT: The losing party has 30 days from the date they receive the Tribunal’s judgment to contest the decision before the Court of Appeal. In exceptional cases, the Court may grant special permission to appeal within six months of the judgment, provided that valid justifications are presented for missing the initial deadline.
It is also possible to challenge the Court of Appeal’s decision by seeking an appeal before the Supreme Court of Canada. To do so, the party must obtain leave to appeal from the Supreme Court. For more information on this process, visit www.scc-csc.gc.ca.