Chapter 3: Personal Rights

Introduction:
 Balance interests of society vs. individual rights

Quebec Charter of Human Rights (Charter):

- Fundamental freedoms and rights:
Rights include the one’s that protect: own physical protection and integrity to make own choices.
Euthanasia and assisted suicide is however prohibited.
Also freedom of religion, opinion, expression, assembly within lawful means.
Right of protection of reputation and privacy.
Property is also protected.
 juridical personality (s.1)
o Every human being has a right to life and to personal security, inviolability and
freedom.
Possesses Juridical personality.
 assistance (s.2)
o Person whose life is peril (in danger) has right to assistance.
o Everyone must come to help person who is in danger by calling assistance or helping
them. Expect if it endangers them or they have a valid reason not to.
 fundamental freedoms (s.3)
o Evrry person has these freedoms: conscience, religion, opinion, expression, peaceful
assembly and association.
 dignity, honor, reputation (s.4)
o Has the right to safeguard his dignity, honour, and reputation.
 private life (s.5)
o Has right for respect of his private life.
 property (s.6)
o Has the right to the peaceful enjoyment of his property and free disposition of his
property, expect to the extent provided by the law.
 home (s.7)
o A person’s home is inviolable.
 confidential info / professional secrecy (s.9)
o Has right to non-disclosure of confidential information.
No person bound to professional secrecy by the law and no priest or other minister
of religion may, even in judicial proceedings, disclose confidential information
revealed to him by reason of his position or profession, unless he is authorized to do
so by the person who confided such information to him or by express provision of
law.
The tribunal must, ex officio, ensure that professional secrecy is represented.
 reasonable limits (s.9.1)
o When exercising his freedoms and rights, person shall maintain proper regard for
democratic values, public order and general well-being of the citizens of Quebec.
 In respect to scope of freedoms and rights, and limits to their exercise, may be fixed
by the law.

- Equal recognition and exercise of rights

 discrimination (s.10)
- Right and freedoms without preference based on, sex, race, color, pregnancy, sexual
orientation, civil status, age except as provided by the law, religion, political
convictions, language, ethnic or national origin, social condition, handicap or the use
of any means to palliate a handicap.
 harassment (s.10.1)
- No one may harass one based on the ground in section 10.
 signs / symbols / notice (s.11)
- No one can distribute, publish or publicly exhibit a notice, symbol or sign involving
discrimination or authorize someone do to so.
 goods and services (s.12)
- No one through discrimination refuse to make juridical act concerning good and
services offered to the public.
 contractual clauses (s.13)
- No one may in a juridical act stipulate a clause involving discrimination.
- Such a clause is deemed without effect.
 public place (s.15)
- No one thought discrimination, may inhibit the access of another to public
transport, place, establishment, hotel, restaurant, theatre, cinema, park, camping,
trailer park, or obtaining goods and services there.
 employment (s.16,18.1,20)
- 16: No one can practice discrimination in respect to hiring, apprenticeship, duration
of probationary period, vocational training, promotion, transfer, displacement,
laying-off, suspension, dismal or condition of employment.
- 18.1: No one in an employment application or interview require a person to give
information about the factors in section 10 unless it I for a affirmative action reason.
- 20: If exclusion is based on requirement of employer or justified by charitable,
religious, political intuition devoted for well-being of an ethnic group in so
discriminatory.
 criminal record (s.18.2)
- Cannot dismiss, refuse to hire or penalize employee owing to criminal or penal
conviction if the offence was not related to employment or if granted pardon.
 equal salary (s.19)
- Equivalent work must be granted equal salary.
- Difference may be for: experience, seniority, years of services, merit, productivity,
overtime.
 risk determination factors (s.20.1)
- Insurance, pension contract, social benefit, a distinction based on sex, age, civil
status is deemed non-discrimination but proof go thereof is demanded and based
on actuarial data.
- Special and interpretative previsions
 Damages
o compensation (s.49 1st paragraph)
 Any unlawful interference with any right or freedom recognized by this
charter entitles the victim to obtain the cessation of such interference and
compensation for moral or material prejudice resulting therefrom.
o punitive (s.49 2nd paragraph) extra money for damages you did not incur.
 In case of unlawful and intentional interference, the tribunal may in addition
condemn the person guilty of it to punitive damages.
 Punishment for the person that knew better (intentional)
 Set example to discourage
 Quebec is conservative to these
 other laws (s. 52)
o No provision of any Act, even subsequent to the charter, may derogate from section
1 to 38, unless such act expressly states that it applies despite the charter.
 intent of Charter (s. 53)
o If any doubts arise in the interpretation of the provision of the act, it shall be
resolved keeping the intent of the charter.
 binds the State government (s. 54)
o The Charter binds the State.
 jurisdiction of Quebec (s.55)
o anyone in Quebec and dealing with people are bind by the charter
o But only until the border

- Affirmative action programs

- Civil Code of Quebec (CCQ)

 Enjoyment and exercise of civil rights
 good faith (CCQ s.6)
 Every person is bound to exercise his civil rights in good faith.
 reasonable manner (CCQ s.7)
 No right may be exercised in the intent to injure another or
excessive and unreasonable manner, contrary to good faith.
 renounce (CCQ s.8)
 A person may only renounce their civil right to the extent
consistent with public order.
 public order (CCQ s.9)
 Derogations may be made from rule of this code which
supplement intention, but not from those of public order.
- Legal principles
 Affirmative action
 Reverse discrimination
-How to analyze a court case
o Names of parties
o Facts of case (story)
o Legal issues in dispute (what are they arguing about)
o Position of each party
o Court judgment (decision and reasons)

- Court cases:
 Commission Scolaire Marguerite Bourgeoys v. Singh Multani: Quebec CA
o Names of parties
 Commission Scolaire Marguerite Bourgeoys
 Balvir Singh Multani
o Facts of case (story)
 A high school student was carrying a sharp object at school
o Legal issues in dispute (what are they arguing about)
 Is the kirpan a religious artifact that would be protected under the Quebec
Charter, or is it a dangerous item that the school can legitimately restrict;
o Position of each party
o Court judgment (decision and reasons)
 The kirpan is a religious artifact that would be protected under the Quebec
Charter, however it is potentially a very dangerous item and therefore may not
be worn in school;

 Multani v. Commission Scolaire Marguerite Bourgeoys: Supreme Court of Canada

o Names of parties
o Facts of case (story)
o Legal issues in dispute (what are they arguing about)
o Position of each party
o Court judgment (decision and reasons)

 B.C.Government and Service Employees’ Union v. Government of the Province of B.C

o Names of parties
o Facts of case (story)
 A firefighter was fired;
o Legal issues in dispute (what are they arguing about)
 Was the aerobic test imposed by the government a Bona Fide Occupational
Requirement (BFOR);
o Position of each party
o Court judgment (decision and reasons)
 The aerobic test imposed by the government failed to meet the conditions of a
Bona Fide Occupational Requirement (BFOR);
  Therrien v. Min. of Justice
o Names of parties
o Facts of case (story)
 A judge was dismissed from his post;
o Legal issues in dispute (what are they arguing about)
 Is a judge who has received a Pardon for a past criminal conviction entitled to
rely on the Quebec Charter prohibition on termination of employment;
o Position of each party
o Court judgment (decision and reasons)
 A judge who has received a Pardon for a past criminal conviction is not entitled
to rely on the Quebec Charter prohibition on termination of employment since
the position of Judge is an Office and is not considered as Employment;

 - Syndicat Northcrest v. Anselem

o Names of parties
o Facts of case (story)
 Some condominium owners wanted to build succahs on their balconies
o Legal issues in dispute (what are they arguing about)
 Would the construction of succahs by several families unreasonably injure the
rights of the condominium owners as a whole
o Position of each party
o Court judgment (decision and reasons)
 The construction of succahs by several families would not unreasonably injure
the rights of the condominium owners as a whole;

R. v. Kapp
o Names of parties
o Facts of case (story)
 Fishers were charged with fishing without a licence
o Legal issues in dispute (what are they arguing about)
 Does granting special fishing rights to aboriginal persons constitute reverse
discrimination against non- aboriginal fishers.
o Position of each party
o Court judgment (decision and reasons)
 Granting special fishing rights to aboriginal persons does not constitute reverse
discrimination against non- aboriginal fishers