Charter

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


 
Procedure of investigation

  • Seeks evidence; (s. 78)
     
  • When appropriate, proposes negotiation of a settlement or arbitration to the parties in question; (s. 78)
     
  • The parties may settle their dispute at any stage of the investigation;
     
  • Where no settlement is possible and if arbitration is refused, the Commission may propose any measure of redress it considers appropriate; (s. 79)
     
  • If these measures are not implemented within the allotted time, the Commission may apply to a tribunal; (s. 80)
     
  • The Commission acts on behalf of the victim. Its services are free.
     
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. (s. 81)


Functions

To use every appropriate measure to promote and uphold the principles set out in the Charter. (s. 71)

To do this, the Commission must, among other things:
  • Receive complaints, offering any help that may be required to formulate them, and carry out investigations (s. 10 to 19 and s. 48 1st par.);
     
  • Inform and educate the population about human rights and freedoms;
     
  • Analyse the laws, bills and regulations of Québec and, where they are contrary to the Charter, make recommendations to the government;
     
  • Conduct and encourage research and publications on issues of human rights and freedoms;
     
  • Receive suggestions, recommendations and requests on matters related to human rights and freedoms, hold public hearings, if necessary, and make its own recommendations to the government, where applicable;
     
  • Cooperate with organisations dedicated to the promotion of human rights and freedoms, in Québec or elsewhere. 

Investigations in 2003

  • 906 investigations were initiated in 2003, 105 of which dealt with discrimination (99) and harassment (6) based on age, 11,6% of the total.

  • Breakdown of those 105 cases
    • 67 work-related
    • 33 housing
    • 4 legal transactions, goods and services
    • 1 access to transportation and public places

  • 54 investigations (6% of the total of 906) dealt with elder abuse.
     


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