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Encyclopedia > Quebec Charter of Human Rights and Freedoms

The Quebec Charter of Human Rights and Freedoms (French: Charte des droits et libertés de la personne) is a statutory bill of rights adopted by the National Assembly of Quebec on June 27, 1975. It came into effect a year later, on June 28, 1976. The Quebec Parliament Building at night The National Assembly of Québec (French: Assemblée nationale du Québec) is the legislative body of the Province of Quebec, Canada. ... June 27 is the 178th day of the year (179th in leap years) in the Gregorian calendar, with 187 days remaining. ... 1975 (MCMLXXV) was a common year starting on Wednesday (the link is to a full 1975 calendar). ... (Some entries on this page have been duplicated on August 1. ... 1976 (MCMLXXVI) is a leap year starting on Thursday (link will take you to calendar). ...


Introduced by the Liberal government of Robert Bourassa, the Charter followed extensive preparatory work that began under the Union Nationale government of Daniel Johnson. The Charter ranks among other quasi-constitutional Quebec laws, such as the Charter of the French Language and the Act respecting Access to documents held by public bodies and the Protection of personal information. Having precedence over all legislation (including the latter), the Quebec Charter stands at the pinnacle of Quebec's legal system. Only the Canadian Charter of Rights and Freedoms, as part of Canada's Constitution, enjoys priority over the Quebec Charter. The Parti libéral du Québec (Liberal Party of Quebec), or PLQ, is a liberal political party in the Canadian province of Quebec. ... A portrait of Robert Bourassa, taken during his second term as premier of Quebec (1985–1994). ... Union Nationale logo. ... Captain Daniel Johnson, (1629-1675), English buccaneer Daniel J G Johnson, (1989), Australian amature Guitarist and student. ... The Charter of the French Language (also known as Bill 101 and Loi 101) is a framework law in the province of Quebec, Canada, defining the linguistic rights of all Quebecers and making French, the language of the majority, the sole official language of Quebec. ... The Canadian Charter of Rights and Freedoms is a constitutionally entrenched bill of rights which forms part of the Constitution Act, 1982, added to the Constitution of Canada in 1982. ...


The Quebec Charter of Human Rights and Freedoms consists of six parts:

  • Part I defines the fundamental human rights. Its six chapters enunciate fundamental freedoms and rights, equality rights, political rights, judicial rights, economic and social rights, and interpretative provisions.
  • Part II establishes the Commission des droits de la personne et des droits de la jeunesse (Human Rights and Youth Rights Commission). The Commssion is responsible for promoting and upholding the principles of the Charter by any appropriate measures, including investigating into possible cases of discrimination and the introduction of litigation. Members of the Commission are appointed by the National Assembly. The Commission's staff members do not belong to the civil service in order to safeguard their independence.
  • Part III provides for affirmative action programs.
  • Part IV guarantees rights to confidentiality.
  • Part V gives the Government regulatory powers.
  • Part VI establishes the Quebec Human Rights Tribunal, whose members are chosen from among the judiciary.

Contents

Human rights are rights which some hold to be inalienable and belonging to all humans. ... The Commission des droits de la personne et des droits de la jeunesse (Human Rights and Youth Rights Commission, abbreviated to CDPDJ) is a government agency created by the Quebec Charter of Human Rights and Freedoms in 1975. ...


Comparison With other Human Rights Instruments

The Quebec Charter of Human Rights and Freedoms is unique among Canadian (and North American) human rights documents in that it covers not only the fundamental (civil and political) human rights, but also a number of important social and economic rights. The protections contained in the Charter are inspired by the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Furthermore, the list of prohibited grounds of discrimination included in the Quebec Charter is extensive. A total of fourteen prohibited grounds are enumerated, including race, colour, ethnic or national origin, sex, pregnancy and age. "Social condition" has been a prohibited ground of discrimination since the Charter came into force. Discrimination based on sexual orientation has been prohibited since 1977; the Charter was the first law in the world to do so in a jurisdiction larger than a city or county. The Universal Declaration of Human Rights (also UDHR) is a declaration adopted by the United Nations General Assembly (A/RES/217, December 10, 1948), outlining a view on basic human rights. ... The International Covenant on Civil and Political Rights is a United Nations treaty based on the Universal Declaration of Human Rights, created in 1966. ... This page is a candidate to be moved to Wikisource. ...


Enforceability

An illicit violation of the Charter, whether by a private party or by the State, may give rise to a cease-and-desist order and to compensation for damages. Punitive damages may be awarded in case of intentional violation.


The Quebec Charter of Human Rights and Freedoms is called quasi-constitutional because, according to Section 52, no provision of any other act passed by the Quebec National Assembly may derogate from its provisions, unless such act expressly states that it applies despite the Charter. A total impossibility to adopt derogating laws would be incompatible with Parliamentary sovereignty, a fundamental principle in political systems following the British tradition. Parliamentary sovereignty or the Sovereignty of Parliament, also Parliamentary supremacy, is the concept in the constitutional law of Westminster systems that the Parliament has absolute sovereignty. ...


The Charter's supremacy under Section 52 applies to the following categories of rights: fundamental rights and freedoms (the right to life, free speech, freedom of religion, the right to privacy, etc.); the right to equality; political rights; and judicial rights. Economic and social rights do not enjoy supremacy but, according to the Supreme Court of Canada in the 2002 case of Gosselin v. Quebec (Attorney General), failure to respect such a right may give rise to a judicial declaration of violation. The Supreme Court Building in Ottawa The Supreme Court of Canada (French: Cour suprême du Canada) is Canadas highest court and is located in the capital city of Ottawa. ... Gosselin v. ...


The Quebec Charter provides for a specific machinery in cases of discrimination (or exploitation of an elderly or handicapped person). Instead of introducing litigation in court, victims of such a violation may file a complaint with the Quebec Human Rights and Youth Rights Commission. The Commission will investigate the matter and attempt to foster a settlement between the parties. It may recommend corrective measures. If those are not followed, the Commission may introduce litigation before a court (usually, but not necessarily, the Quebec Human Rights Tribunal). Victims will be represented free of charge by the Commission.


The Quebec Charter does not apply to federally regulated activities in Quebec. Those are subject to the Canadian Charter of Rights and Freedoms and/or the Canadian Human Rights Act. The Canadian Charter of Rights and Freedoms is a constitutionally entrenched bill of rights which forms part of the Constitution Act, 1982, added to the Constitution of Canada in 1982. ... The Canadian Human Rights Act is a statute originally passed by the Government of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be vicitims of discriminatory practices based on a set prohibited grounds such as gender, disability, or religion. ...


See also

This is an article about the politics of Quebec, Canada. ... The Quebec Parliament Building at night The National Assembly of Québec (French: Assemblée nationale du Québec) is the legislative body of the Province of Quebec, Canada. ... The Charter of the French Language (also known as Bill 101 and Loi 101) is a framework law in the province of Quebec, Canada, defining the linguistic rights of all Quebecers and making French, the language of the majority, the sole official language of Quebec. ... The Canadian Charter of Rights and Freedoms is a constitutionally entrenched bill of rights which forms part of the Constitution Act, 1982, added to the Constitution of Canada in 1982. ...

External links

  • Full Quebec Charter of Human Rights and Freedoms
  • Commission des droits de la personne et des droits de la jeunesse du Québec (Quebec Human Rights and Youth Rights Commission)
  • Quebec Statutes and Regulations

  Results from FactBites:
 
Ford Case (122 words)
Freedom of expression included the freedom to choose the language in which one expressed oneself.
This prohibition and the related exclusivity could not be justified by virtue of section 9.1 of the Québec Charter and section 1 of the Canadian Charter of Rights and Freedoms.
However, the Supreme Court added the clear predominance of French on commercial signs could be justified equally under section 9.1 of the Québec Charter and section 1 of the CANADIAN CHARTER OF RIGHTS AND FREEDOMS because of the goal of assuring the survival of the French language.
  More results at FactBites »


 

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