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Lexicon

A

  • Allegation

    A party's statement of facts or arguments on which it bases its claim.

  • Agreement

    Arrangement or settlement between two or more people.

  • Adversarial approach

    Hearing during which the parties are heard in person before an arbitrator, a judge, a commissioner or any other authorized decision maker in accordance with the principles of natural justice (right to be heard by an impartial and independent tribunal).

C

  • Criminal record

    File concerning a person against whom a court has issued a criminal conviction for a violation of a law or regulation.

  • Competence

    Ability or aptitude of a court or an organization to hear a case and decide on it.

  • Caselaw

    Refers to all of the decisions rendered by courts. It is also the principles of law that stem from court decisions and enable to interpret or clarify the meaning of laws.

  • Corrective measures

    Measure sought in a proceeding by one of the parties. For example, the Commission des droits de la personne et des droits de la jeunesse may request a corrective measure from the respondent to remedy a situation or compensate the victim.

  • Contractual obligation

    Obligation arising from a contract. Private companies who do business with the Government of Quebec may be subject to a contract compliance program (depending on their size and the amount of the contract). This program requires that they establish an employment equity program for the four target groups designated by the government: women, visible minorities, Aboriginal peoples and disabled persons. Learn more about contract compliance programs.

  • Court order

    Court decision requiring a person to do something or to abstain from doing a specific action.

  • Complainant

    Party who files a complaint against another before a court or a body such as the Commission des droits de la personne et des droits de la jeunesse. Learn more about the complaint process of the Commission.

D

E

  • Extrajudicial measures

    Measures, other than court proceedings that can be used in circumstances described in the Youth Criminal Justice Act (YCJA). The Act provides for two types of extrajudicial measures: those applied by police officers and those applied by the provincial director under the extrajudicial sanctions program. The manner in which the extrajudicial sanctions program is applied is determined by the provincial director, who in Québec is the Director of Youth Protection (DYP).

  • Emergency measure

    A court order while the Commission investigate a complaint or to brings a case before a tribunal, to ensure that evidence is not lost, the protection of a victim of discrimination, harassment or exploitation, or to protect his or her assets.

G

H

  • Harassment

    Offensive, disparaging, hostile or unwanted behaviour or remarks towards a person or a group of persons that undermines their dignity or their psychological or physical health. A single, serious incident, if it has a lasting harmful effect on the targeted person, can also constitute harassment. Learn more about harassment.


I

J

  • Juridical act

    Expression of the will of one or several individuals to create, modify or extinguish a right. For example: a contract, a collective agreement, an insurance policy or a will. Learn more about juridical acts.

  • Judgment

    Decision or ruling rendered by a judge or a court.

L

M

O

  • Offence

    Punishable criminal or penal act or omission that is defined by law.

  • Out of court settlement

    Settlement or agreement reached between two parties without the intervention of a court or an arbitrator.

P

R

  • Reasonable accommodation

    Means used to put an end to any situation of discrimination based on handicap, religion, age or any other ground prohibited by the Charter of Human Rights and Freedoms. Reasonable accommodation is an obligation for employers and service providers. Learn more about reasonable accommodation.

  • Right to equality

    Right, guaranteed by the Charter of Human Rights and Freedoms, to exercise our rights and freedoms without distinction, exclusion or preference based on one or more prohibited grounds of discrimination.

  • Respondent

    Party who is the subject of a complaint filed with the Commission des droits de la personne et des droits de la jeunesse. Learn more about the complaint process of the Commission.

  • Racial profiling

    Racial profiling is any action taken by one or more people in authority with respect to a person or group of persons, for reasons of safety, security or public order, that is based on actual or presumed membership in a group defined by race, colour, ethnic or national origin or religion, without factual grounds or reasonable suspicion, that results in the person or group being exposed to differential treatment or scrutiny.

    Racial profiling includes any action by a person in a situation of authority who applies a measure in a disproportionate way to certain segments of the population on the basis, in particular, of their racial, ethnic, national or religious background, whether actual or presumed.

    Learn more about profiling
    Testimonial: I experienced racial profiling



  • Racism

    Theory or ideology, based on the assumption that there are separate human races, which considers these races unequal. Racism leads to hostile and contemptuous attitudes and behaviours towards certain people because of their color or of their ethnic or national origin. Learn more about race as a ground of discrimination.

  • Reparation

    Compensation granted to the victim that has been harmed.

  • Reprisals

    Actions taken by an individual or group to inflict a physical, financial or other type of disadvantage in retaliation to another person’s actions. Learn more about reprisals as a ground of discrimination.

  • Report

    Under the Youth Protection Act, to contact the Director of Youth Protection in order to inform him or her of the situation of a child whose security or development is or may be compromised. Learn more about youth protection.

S

  • Subpoena

    Summons requiring that a person be present at a specific time and place to testify or provide documents (subpoena duces tecum). The law establishes penalties for those who do not comply with this notice (arrest warrant issued by a judge, detention, payment of the cost incurred).

  • Systemic discrimination

    Discrimination resulting from the dynamic interaction between decisions and attitudes that are tinged with prejudice, as well as from organizational models and institutional practices that have prejudicial effects (intended or not) on groups protected by the Charter of Human Rights and Freedoms. Learn more about discrimination.

  • Stereotype

    Preconceived or caricatured image based on prejudice that is repeatedly attributed to and imposed upon a group either by the community or cultural practices. Stereotyping can lead to discrimination and exclusion.

T

  • To apply to a court

    To request that a court examine a claim or a request.

  • Tutor

    Person who, by virtue of a law or a court order, has the responsibility of caring for and of administering the property of a minor or, in some cases, of an incapacitated adult.

U

V

  • Violation of rights

    Failure to respect rights under the Youth Protection Act and the Youth Criminal Justice Act. These acts protect children and youth in the care of institutions, organizations or individuals (a foster family, the Director of Youth Protection, a group home, etc.). Learn more about youth protection.