CDPDJ - Charter

A general outline		The right to protection against exploitation
	Rights and Freedoms		Right
	Discrimination		Risk factors
	Procedure of investigation		How the Commission proceeds

Right to be treated equally and the protection against discrimination

Every person in Québec has the right to be treated equally, and therefore to the protection against prohibited discrimination in the exercise of the rights and freedoms guaranteed under the Charter. (s. 10)

Discrimination

Prohibited discrimination exists when an individual or an organization makes a distinction, exclusion or preference based on one of the 14 grounds enumerated in article 10 and where such distinction, exclusion or preference has the effect of nullifying or impairing the right to full and equal exercise of the person's human rights and freedoms.

For example, prohibited discrimination exists when an individual or an organization uses one of the grounds enumerated in article 10 to refuse someone a job, housing, access to a public place or the exercise of any other right under the Charter.

Grounds of prohibited discrimination (14)

Age (except as provided by law)

Social condition

Political convictions

Civil status

Pregnancy

Handicap

Language

Sexual orientation

Race, colour

Ethnic or national origin

Religion

Sex

Protection against harassment

Harassment within the meaning of the Charter may target an individual or group, and may take the form of repeated words or actions that are hurtful or demeaning. An isolated but serious action with ongoing harmful effects may also constitute harassment.

Protection against harassment based on the grounds listed in section 10 of the Charter (s. 10.1).

An employer may be held responsible for actions performed at work by employees or third parties (customers, suppliers or others). Employers should therefore intervene quickly to correct the situation.

To prevent and counter harassment

Introducing an anti-harassment policy and ensuring that all employees are aware of it;

Establishing an internal recourse.

Contexts in which discrimination is prohibited

In the exercise of fundamental rights and freedoms, judicial rights, political rights and economic and social rights;
In the distribution, publication or public display of a notice, symbol or sign; (s. 11)
In housing and other goods and services ordinarily offered to the public; (s. 12)
In legal acts (contracts, collective agreements…); (s. 13)
In access to means of transportation or a public place (stores, hotel, restaurant, theatre, cinema, park, campground or trailer park…) and to the services available there; (s. 15)

... in a number of circumstances related to the workplace

Hiring, apprenticeship, probationary period, vocational training, promotion, transfer, displacement, laying-off, suspension, dismissal, conditions of employment, creation of categories or classes of employment; (s. 16)
Membership in a trade union, association of employers or professional corporation or association, and exclusion or suspension from such an association and enjoyment of the benefits it offers; (s. 17)
Reception, classification or processing of job applications by employment agencies; (s. 18)
Job application forms and selection interviews; (s. 18.1)
Protection against workplace discrimination for anyone with a criminal record, in cases where the offence was in no way connected with the employment or where the person has obtained a pardon for the offence; (s. 18.2)
Equal salary or wages for equivalent work; (s. 19)

A distinction, exclusion or preference may not be discriminatory

Where the absence or presence of a ground for prohibited discrimination constitutes an aptitude or a qualification required objectively for a particular job; (s. 20)
Where it is justified by the charitable, philanthropic, religious, political or educational nature of a non-profit institution or of an institution devoted exclusively to the well-being of an ethnic group; (s. 20)
In an insurance or pension contract, in a social benefits plan, a retirement, pension or insurance plan, in a public pension or insurance plan, a distinction, exclusion or preference based on age, sex or civil status is deemed non-discriminatory; (s. 20.1)

In cases of discrimination, harassment or reprisals
(s.74 and following)

You may try to settle the problem:

by asserting your own rights,
by joining forces with other people in the same situation where applicable,
by obtaining help from your trade union or an organization dedicated to the defence of the rights, freedoms or the well-being of a specific group of people,
by filing a complaint with the Commission,
by going directly to a court of law.

Remedies

Cessation of the violation and compensation for any moral or material prejudice caused; (s. 49, 1^st par.)
If the violation is proved to be intentional, a court may also order payment of punitive damages; (s. 49, 2^nd par.)
Persons having participated as the victim, the complainant, a witness or otherwise have protection against reprisals. (s. 82)