The Quebec Charter of Human Rights and Freedoms is one of the most important laws for the protection of rights and freedoms in the province of Quebec. In this article, we invite you to explore what the Quebec Charter is, its historical evolution, the rights it guarantees, and how it applies in our daily lives.
Background and context
The Charter of Human Rights and Freedoms was adopted in 1975. It is part of provincial legislation and aims to guarantee fundamental rights to all Quebecers.
Prior to its adoption, although human rights were already protected by the Canadian Constitution, but there was no specific framework to protect them at the provincial level.
Rights and freedoms protected
The Quebec Charter of Human Rights and Freedoms protects a variety of rights and freedoms, including:
Fundamental rights and freedoms : Every person has the right to security, liberty and dignity. In times of danger, she must be able to receive help and, in turn, help others without putting herself at risk. Each person is free to express himself, to believe or not (freedom of religion), to assemble and to associate. The right to live in French is also guaranteed, as is the protection of privacy, honour and property. In addition, no one can enter another person’s home or remove their property without their consent. These rights must be exercised in accordance with democratic values, the secularism of the State and public order.
The right to equality : Everyone is equal before the law, without discrimination based on criteria such as race, sex, age or religion. Discrimination is prohibited in access to goods, services, housing and employment. Harassment is also prohibited.
Political rights : Anyone can petition the National Assembly, stand as a candidate or vote in elections if legally authorized.
Judicial rights : Everyone has the right to a fair trial, protection from unreasonable search and arrest, and humane treatment in detention. The accused is presumed innocent, must also be informed of his rights and may consult a lawyer.
Economic and social rights : The Charter guarantees children protection and education, workers fair conditions, and vulnerable people protection from exploitation. Everyone has the right to information, a healthy environment and financial assistance in times of need. Parents choose the education of their children, and spouses share family responsibilities.
Scope of the Quebec Charter
The Quebec Charter protects rights and freedoms in the public and private sectors. It applies to various sectors, such as contracts, employment, and access to goods and services. It also governs government action and the courts. However, its application may be limited by federal activities, based on the impact on federal jurisdiction test. This is because the federal and provincial governments have separate powers and jurisdictions.
Examples of landmark human rights judgments
Case law is an excellent way to understand how the Charter is applied in reality. Notable examples include:
Tremblay v. Daigle : This is one of the most landmark decisions in human rights. In that case, the Supreme Court concluded that the term “human being” used in the Quebec Charter and the common law as well does not include the fetus. In other words, this definition has opened the door for parents who wish to abort the fetus.
Commission des droits de la personne et des droits de la jeunesse (Zilberg) v. 9220-3454 Québec Inc. (Spa Liv Zen (Spa Orazen): In this case, an employer imposed on one of its Jewish employees the obligation to work on Saturdays under threat of dismissal. It was found that this infringed the employee’s freedom of religion and that the employer was discriminating on the basis of religious belief. As a result, he was required to pay compensation of $6,000 for property damage, $4,000 for moral damages, and $2,500 in punitive damages to the employee.
The Commission des droits de la personne et de la jeunesse
If you believe that you have been the victim of an infringement of one of the rights or freedoms guaranteed by the Quebec Charter, you can file a complaint with the Commission des droits de la personne et de la jeunesse, in addition to any traditional recourse before the courts.
If the Commission is satisfied that the complaint meets the eligibility criteria, it may initiate an investigation and refer the complaint to the Human Rights Tribunal for negotiation, arbitration or adjudication.
Conclusion
The Quebec Charter of Human Rights and Freedoms is an essential tool for the protection of fundamental rights in Quebec. It ensures that every Quebecer, regardless of their origin, gender, or beliefs, benefits from solid protections to lead a free and fair life. To learn more about your rights and freedoms or to obtain legal advice regarding their application, do not hesitate to consult one of our lawyers.
Disclaimer – This article is intended to inform and raise public awareness of legal issues. The legal information in this article is provided for informational purposes only and is likely to vary significantly over time and according to the precise facts of each situation. This article is not a substitute for a lawyer’s legal opinion and does not engage the liability of Boavista Legal Services Inc., its lawyers, articling students, employees, successors and subcontractors.
