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Procedure
of investigation
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- 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.
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Emergency
measures
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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)
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Functions
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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.
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Investigations
in 2003
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- 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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Questions and comments
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© 2000-2001 and 2004 Commission des droits de la personne et des droits de la jeunesse.
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