Charter of Human Rights and Freedoms

Charter of Human Rights and Freedoms
Name	Charter of Human Rights and Freedoms
Long name	An Act respecting the Charter of human rights and freedoms
Legislature	National Assembly of Quebec
Citation	R.S.Q., c. C-12
Territorial extent	Quebec
Date enacted	June 27, 1975
Date commenced	June 28, 1976
Bill	Bill 50
Introduced by	Jérôme Choquette
Related legislation	Canadian Charter of Rights and Freedoms, Quebec Charter of Values
Status	In force

Charter of Human Rights and Freedoms. It is a fundamental quasi-constitutional statute in the Canadian province of Quebec. Enacted in 1975, it predates the Canadian Charter of Rights and Freedoms and serves as a cornerstone of the province's legal framework. The Charter guarantees a comprehensive suite of civil, political, economic, and social rights to all persons within Quebec's jurisdiction.

History and background

The Charter was adopted by the National Assembly of Quebec on June 27, 1975, under the government of Premier Robert Bourassa. The Minister of Justice, Jérôme Choquette, was its principal architect, introducing it as Bill 50. Its creation was influenced by international instruments like the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The Charter came into force on June 28, 1976, establishing Quebec as a pioneer in codifying human rights within Canada, preceding the patriation of the Constitution Act, 1982 which included the Canadian Charter of Rights and Freedoms.

Fundamental freedoms and rights

The Charter's first part enumerates fundamental freedoms, including freedom of conscience, religion, opinion, expression, peaceful assembly, and association. It guarantees the right to life, security, personal inviolability, and recognition as a person before the law. It also protects judicial rights, such as the right to a fair hearing and the presumption of innocence. Distinctively, it enshrines a range of economic and social rights, including rights to privacy, ownership, confidentiality, and free education for children.

Prohibited grounds of discrimination

A central component of the Charter is its prohibition of discrimination. Section 10 forbids discrimination based on race, colour, sex, pregnancy, sexual orientation, civil status, age, religion, political convictions, language, ethnic or national origin, social condition, or a disability. This applies to areas such as employment, public services, housing, and commercial activities. The provision has been instrumental in landmark rulings by the Supreme Court of Canada and the Quebec Human Rights Tribunal.

Enforcement and remedies

The Charter is primarily enforced through the Quebec Human Rights Commission and the Quebec Human Rights Tribunal. Individuals who believe their rights have been violated can file a complaint with the Commission, which may investigate, attempt conciliation, and refer cases to the Tribunal. The Tribunal can order corrective measures, including monetary compensation and injunctive relief. The Attorney General of Quebec also has the authority to initiate proceedings for declaratory judgments regarding the Charter's interpretation.

Relationship with other laws

As a quasi-constitutional law, the Charter holds a superior status to all other Quebec statutes, such as the Civil Code of Quebec and the Code of Civil Procedure. However, it is subordinate to the Constitution of Canada, including the Canadian Charter of Rights and Freedoms. In cases of conflict, the Canadian Charter prevails. The Quebec Charter's provisions are often interpreted in harmony with international law and the decisions of courts like the Supreme Court of Canada and the United Nations Human Rights Committee.

Notable cases and jurisprudence

The Charter has generated significant jurisprudence. In *Ford v. Quebec (Attorney General)*, the Supreme Court of Canada struck down parts of Quebec's French language charter for violating freedom of expression. The case of *Commission des droits de la personne et des droits de la jeunesse v. Bombardier Inc.* addressed systemic discrimination based on ethnic origin. In *Québec (Commission des droits de la personne et des droits de la jeunesse) v. Montréal (City)*, the Court affirmed the duty to accommodate persons with disabilities. These rulings have shaped the interpretation of equality rights across Canada.

Category:Quebec law Category:Human rights instruments Category:1975 in law