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Home Human rights protection under the Charter of Human Rights and Freedoms. The Charter of Human Rights and Freedoms: a law? Who are required to comply with the Charter? What are the limits to the exercise of fundamental rights and freedoms? What are the rights and freedoms granted under the Charter? Human rights protection under the Charter : an expression of social values in Québec The main goal of the Charter is to harmonize the relationships of Québec's citizens among themselves and with their institutions, in a context respectful of human dignity. The preamble to the Charter lays the foundations for harmony by calling for mutual respect and reciprocity: every human being possesses intrinsic rights and freedoms designed to ensure his protection and development; all human beings are equal in worth and dignity, and are entitled to equal protection of the law; respect for the dignity of the human being and recognition of his rights and freedoms constitute the foundation of justice and peace; the rights and freedoms of the human person are inseparable from the rights and freedoms of others and from the common well-being; the fundamental rights and freedoms may be guaranteed by the collective will and better protected against any violation. The Charter of Human Rights and Freedoms: a law? The Charter is said to be a fundamental law, because most of the rights it recognizes - the fundamental rights, the political rights, the judicial rights and the right to be treated equally - cannot be countermanded by any provision of any other law* _____________ * The term "law" includes statutory legislation and any related regulations, decrees, ordinances and orders in council [s. 56.3]. Exceptionally however, a section of law may specify it applies despite the Charter [s. 52]. Who are required to comply with the Charter of Human Rights and Freedoms? Under the Charter, all individuals have equal value and equal dignity, and must exercise their rights in a spirit of mutual respect and reciprocity. All individuals, in their social relationships, are therefore required to respect the rights and freedoms of other people. The following are also required to comply with the Charter: all groups and organizations; all private businesses; all services, whether public or private; all government authorities (provincial, municipal, educational, etc.); the government of Québec and its institutions, at all levels. In Québec, no individual or organization whatsoever under provincial jurisdiction* may be exempted from the provisions of the Charter of Human Rights and Freedoms. [s. 55]. ______________ * The only organizations not governed by the Charter are institutions under federal jurisdiction, such as the federal civil service, banks, telecommunications companies, air, rail and maritime transportation services... which are all governed by the Canadian Human Rights Act. In all such cases, the Canadian Human Rights Commission is empowered to intervene. What are the limits to the exercise of fundamental rights and freedoms? The exercise of one person's rights and freedoms is sometimes limited by the exercise of someone else's rights and freedoms. Consequently, with respect to the fundamental rights and freedoms, the Charter provides that "in exercising his fundamental freedoms and rights, a person shall maintain a proper regard for democratic values, public order and the general well-being of the citizens of Québec." It also provides that "in this respect, the scope of the freedoms and rights, and limits to its exercise, may be fixed by the law" [s. 9.1]. What are the rights and freedoms granted under the Charter? Fundamental freedoms and rights 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]. ________________ ** The scope or conditions of exercise of the right are fixed in legislation other than the Charter. The right to be treated equally 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]. Economic and social rights 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.] _______________ ** The scope or conditions of exercise of this right are fixed in a legislation other than the Charter. Judicial rights 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]. Political rights 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]. Recourses to ensure respect for human rights In the event of unlawful violation of a freedom or right recognized by the Charter, the victim is entitled to obtain cessation of the violation and compensation for any moral or material prejudice caused. If the violation is proved to be intentional, a court may order payment of "punitive damages" [s. 49].

The Quebec Charter of Human Rights and Freedoms (59 Kb) Act respecting equal access to employment in public bodies (18 Kb) Youth Protection Act (216 Kb) Young Criminal Justice Act

Addresses Declaration of Services to Citizens (63 Kb)