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Human rights

Your rights under the Charter | CDPDJ

Your rights under the Charter

Your rights under the Charter

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The Charter guarantees the following rights and freedoms:

  • The right to life, personal security, inviolability and freedom, as well as the recognition of the legal personality of every human being [s. 1].
  • When life is in peril, the right to assistance [s. 2].
  • The freedoms of conscience, religion, opinion, expression, association and peaceful assembly [s. 3].
  • The right to protection of personal dignity, honour and reputation [s. 4].
  • The right to privacy [s. 5].
  • The right to peaceful enjoyment and free disposition of personal property [s. 6].
  • The right to inviolability of the home [s. 7 and 8].
  • The right to professional secrecy [s. 9].
  • Every person in Québec has the right to be treated equally, and therefore to protection against prohibited discrimination and harassment [s. 10 and 10.1].

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  • The right of petition to the National Assembly [s. 21].
  • The right of every capable and qualified person to be a candidate and vote in an election [s. 22].
  • The right to a public and impartial hearing by an independent court [s. 23].
  • The right not to be deprived of liberty or rights, except on the grounds provided by law and in accordance with prescribed procedure [s. 24].
  • The right to protection from unreasonable search or seizure [s. 24.1].

In the case of arrest or detention

  • The right to be treated with humanity and respect [s. 25].
  • The right to a form of detention appropriate to one's sex, age and physical or mental condition [s. 26].
  • The right to be kept apart from prisoners serving a sentence until final judgment of the case [s. 27].
  • The right to be informed promptly, in a language understood, of the grounds for arrest or detention [s. 28] and of the specific offence in question [s. 28.1].
  • The right to be informed of one's rights, to notify one's relatives and to obtain assistance from legal counsel [s. 29].
  • The right to be brought promptly before a court or released [s. 30].
  • The right of recourse to habeas corpus [s. 32].

Before a court

  • The right to be released on undertaking, with or without deposit or surety [s. 31].
  • The right to be tried within a reasonable time [s. 32.1].
  • The right to be presumed innocent [s. 33].
  • The right not to be compelled to testify at one's own trial [s. 33.1].
  • The right to be assisted or represented by legal counsel [s. 34].
  • The right to a full and complete defence, and to examine and cross-examine witnesses [s. 35].
  • The right of the accused to free assistance from an interpreter, including an interpreter for the deaf [s. 36].
  • The right not to be tried for an offence that, when committed, did not constitute a violation of the law [s. 37].
  • The right not to be tried twice for the same offence [s. 37.1] and to the least severe punishment if the law has changed since the offence was committed [s. 37.2].
  • The right not to be incriminated by one's own testimony, except in the case of perjury or contradictory evidence [s. 38].
  • The right of children to the protection, security and attention that their parents or the persons acting on their stead are able to provide [s. 39].
  • The right to free public education [s. 40].
  • The right, in public educational institutions, to receive religious or moral education [s. 41].
  • The right to choose approved private educational institutions [s. 42].
  • The right of people belonging to ethnic minorities to maintain and develop their cultural interests with the other members of their group [s. 43].
  • The right to information [s. 44].
  • The right of every person in need to sufficient financial and social assistance to provide an acceptable standard of living [s. 45].
  • The right to fair and reasonable conditions of employment with proper regard for the person's health, safety and well-being [s. 46].
  • The equality of spouses within a marriage and their equal responsibility in the moral guidance and material support of the family and the education of their common offspring [s. 47].
  • The right of elderly and disabled people to security and to the protection of their families or the people acting in their stead, and the right to protection from all forms of exploitation [s. 48.]

Learn more on Economic and social rights

 

The Charter of Human Rights and Freedoms Made Easy explains the sections of the Law in clear language and with the help of examples. Feel free to download and print this document which is available in 4 languages: 

 
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The following video is in french and is not accessible with a screen reader.

This video presents the Charter (in French)  This link will redirect you to an external website which may present barriers to accessibility..

 

Did you know?

When exercising your rights and freedoms, you must take the rights and freedoms of others into account.

The scope and the rules governing the exercise of a right can be set by another law, other than the Charter. In such case, “except as provided by law,” is specified.

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