 |
|
|
|
Who can
file a complaint with the Commission?
"Any unlawful interference
with any right or freedom recognized by this Charter entitles the victim to obtain
the cessation of such interference and compensation for the moral or material
prejudice resulting therefrom.
In case of unlawful and intentional interference, the tribunal may,
in addition, condemn the person guilty of it to punitive damages."
(Section 49 of the Charter)
Any one who believes he or she has been the victim of a violation
of rights that is within the sphere of investigation of the Commission,
i.e. discrimination, discriminatory harassment or exploitation of
elderly or disabled people.
A complaint may be filed on behalf of the victim or group of victims by any organization
dedicated to the defence of human rights and freedoms or to the welfare of a group
of persons. The written consent of the victim or victims is required.
In the case of exploitation of elderly or disabled persons, the Commission
may launch an investigation into the situation, even without the consent
of the victim, if consent is impossible to obtain.
|
|
What are the time
limits to file a complaint with the Commission?
In general, a victim has up to three
(3) years after an incident of discrimination, discriminatory harassement
or exploitation of an elderly or disabled person to bring legal
proceedings.
However, when a person want to file
a complaint with the Commission, it is important to note that
the Commission may exercice its discretion and refuse to investigate
any complaint filed more than two (2) years after the incident.
The filing of a complaint with the Commission suspends the time
limit for bringing legal proceedings.
Exceptions concerning complaints
against municipal employees
If the proceedings are brought
against a municipality (or one of its departements, such as the
police department), the deedline is only six (6) months after an
incident.
Un some exceptional cases, the time
limit may be longer than six months. More detailed information on
whether an exception applies can be provided after an individual
examination of the case and can be requested from the Commission
des droits de la personne et des droits de la jeunesse.
In every cas, remember that quick action
is essential.
|
|
|
How to
file a complaint?
Your complaint must be supported by facts, actions,
words or documents. Before communicating with the Commission, you should be prepared.
For example, you must be ready with the following information:
- names, addresses and telephone numbers of the persons or organizations involved;
- facts and dates;
- words and actions which lead you to believe that you are the
victim of discrimination, discriminatory harassment or exploitation
prohibited under the Charter.
When you phone or write to the Commission, your request is transferred to an investigator
who will communicate with you in order to help you substantiate your complaint.
If the Commission appears to have jurisdiction in your case, the investigator
will send you a complaint form.
If the investigator is of the opinion that your problem is not within the Commission's
jurisdiction and that it is not appropriate for you to file a written complaint,
he or she will explain why and suggest other avenues for you to explore.
|
|
|
Means
to file a complaint
- Over telephone;
- by mail or fax;
- by coming in the Commission's office of your region: addresses.
Note: E-mail cannot be used to file a complaint.
|
|
|
When
can the Commission make an investigation?
The Commission is the organization responsible
for promoting and upholding the principles enunciated in the Charter
of Human Rights and Freedoms.
The Commission may investigate in the following situations:
a) in the event of discrimination in the exercice, by an individual or
a group, of any of the rights and freedoms granted under the Charter, on the express
condition that the discrimination is based on one of the grounds listed in section
10 of the Charter.
For instance, a person who complains of a violation of privacy, a refusal to grant
housing or employment, or a refusal to grant access to services, must have reason
to believe that he or she has been the victime of a distinction or exclusion based,
for example, on sex, ethnic origin, civil status, social condition...
b) in the event of discriminatory harassment on one of the
grounds listed in section 10 of the Charter (section
10.1);
c) where the person has a criminal record, in the event of a refusal of
employment, dismissal or unfavourable conditions of employment (section
18.2);
d) in the event of exploitation of elderly or disabled people (section
48, first paragraph).
|
|
|
Can
the Commission refuse to make an investigation?
The Commission may refuse to make an investigation
when:
- the complaint is based on acts or omissions the last of which occurred more than
two years before the filing of the complaint;
- the person applying for an investigation does not have a sufficient interest;
- the complaint is frivolous, vexatious or made in bad faith;
- the victim or the complainant has, on the basis of the same facts, personally
pursued a remedy other than those provided for in sections 49 and 80.
|
|
|
Aim and
procedure of investigations
The aim of an investigation is to verify the allegations
made in the complaint and to seek evidence that:
- the exercice of a Charter right has been compromised;
- the violation is based on on of the grounds listed in section 10 of the Charter;
- it resulted in material or moral prejudice, or both.
The investigation is non-adversarial, meaning that there is no formal hearing,
cross-examination or confrontation of witnesses. The Commission's investigation
is not a trial. Furthermore, the parties will have the opportunity to present
their points of view and their versions of the facts related to the complaint.
The Commission seek evidence and, when appropriate, proposes negociation of a
settlement or arbitration to the parties
in question. Please note: the parties may settle their dispute at any stage
of the investigation.
Where a settlement proves to be impossible and if arbitration if refused, the
Commission may propose any measure of redress it considers appropriate.
These measures may include, in particular,
- the admission of the violation of a right;
- the cessation of the act complained of;
- the performance of any act;
- the payment of compensation or exemplary damages.
If these measures are not implemented within the allowed time, the Commission
may apply to a tribunal, including the Human Rights Tribunal, to obtain, where
consistent with the public interest, any appropriate measures against the person
at fault or to demand, in favour of the victim, any measure of redress.
In such cases, the Commission acts on behalf of the victim. Its services are free.
|
|
|
Can the parties
reach a settlement?
The Commission must encourage the settlement of a
complaint at any time during its processing. The parties may submit proposals
for settlement.
However, once the investigation is over, the investigating officer may, before
submitting his report to the Commission, formally invite the parties to settle
their dispute and help them do so.
If a settlement is reached, it is noted in writing and filed with the Commission.
|
|
|
What
is arbitration?
When the Commission has jurisdiction and considers
there is sufficient evidence, it must then propose arbitration of the dispute.
If the parties agree, the Commission, after consultation, appoints an arbitrator
from a list established by the Government.
The arbitrator, after hearing the testimony, rules on the dispute or settles the
issue. His or her decision is final and without appeal.
The arbitrator's fees are assumed by the Commission.
As the Commission is not present at the arbitration, its legal services do not
assist or counsel either party. Accordingly, in that case, the Commission will
no longer be involved in the case.
|
|
|
Reprisals
If, following the filing of your complaint, your testimony
or your participation in an investigation, you are the victim of reprisals, the
Commission can investigate and take the appropriate measures.
|
|
|
Emergency measures
Where the Commission has reason to believe that the
life, health or security of a victim of discrimination or exploitation is threatened,
or that evidence may be lost, it can apply to a tribunal for emergency measures.
|
|
|
The Commission
can help you
If you believe you are the victim of discrimination,
discriminatory harassment or exploitation prohibited under the Charter,
call on the Commission : addresses.
|
| |
Section 10
"Every person has a right to full and equal
recognition and exercise of his human rights and freedoms, without distinction,
exclusion or preference based on race, colour, sex, pregnancy, sexual orientation,
civil status, age except as provided by law, religion, political convictions,
language, ethnic or national origin, social condition, a handicap or the use of
any means to palliate a handicap.
Discrimination exists where such a distinction, exclusion or preference has the
effect of nullifying or impairing such right."
Section 10.1
"No one may harass a person on the basis of any ground mentioned in section
10."
Section 18.2
"No one may dismiss, refuse to hire or otherwise penalize a person in
his employment owing to the mere fact that he was convicted of a penal or criminal
offence, if the offence was in no way connected with the employment or if the
person has obtained a pardon for the offence."
Section 48
"Every aged person and every handicapped person has a right to protection
against any form of exploitation."
|
|
|
|
|
Addresses
(63 Kb)
