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Protection against discrimination under the Quebec Charter

Discrimination is a scourge that remains widespread. People are discriminated against daily due to race, gender or social condition, among other things. Treating someone differently based on these grounds is prohibited, be it at work, at school or in the context of apartment-hunting.

Do you believe that you've been a victim of discrimination? In this Infosheet, Éducaloi gives you an overview of discrimination, the prohibited grounds for discrimination, and what you can do if you are confronted with such a situation.

What is discrimination?

Discrimination is the act of making a distinction based on one or more personal characteristics of an individual (e.g. race, religion, sexual orientation, etc.).

These characteristics have negative or positive repercussions on the person concerned. In fact, the discrimination can come in the form of burdens, obligations, or disadvantages not imposed on other people or advantages that result in discrimination against other people.

What are the prohibited grounds of discrimination?

The Québec Charter of Human Rights and Freedoms prohibits you from making a distinction based on the following:

• race, colour, ethnic or national origin (e.g.: a landlord refuses to rent an apartment to an Asian family, even though this family is fully capable of paying the rent and respecting the lease conditions);
  
• sex (e.g.: an employer who pays women less than men for doing the work of an equal nature);
  
• pregnancy (e.g.: an employer who refuses to pay a pregnant woman the same benefits as the other employees);
  
• sexual orientation (e.g.: you are refused an apartment lease because you are a homosexual couple);
  
• civil status (e.g.: the owner of a small hotel refuses to rent a room to a young couple because they are not legally married);
  
• age except as provided for by law (e.g.: a landlord who systematically refuses to rent to any person below the age of 21; however, the fact that the Elections Act prohibits people below the age of 18 from voting is not considered discriminatory);
  
• religion (e.g.: an employer refuses to hire Muslims);
  
• political convictions (e.g.: an employer fires a person because he belongs to a political party);
  
• language (e.g.: an employer includes a write-up in your disciplinary file because you were speaking Creole with a co-worker);
  
• social condition (e.g.: a landlord refuses to rent a dwelling to people receiving social assistance even if they have sound references);
  
• a handicap or the use of any means to palliate a handicap (e.g.: a person with cerebral palsy is refused access to a pool because he will make the other swimmers uncomfortable or a blind person is refused entry on a bus because he is accompanied by a seeing-eye dog).

To whom does the Québec Charter of Human Rights and Freedoms apply?

All individuals must respect the rights and freedoms provided for in the Charter. All organizations, businesses, government, and government administrations (municipal, provincial and educational) and all private or public services are also subject to the Charter.

Institutions under federal jurisdiction (banks, railways, federal civil service) are subject to the Canadian Human Rights Act. Therefore, any problems encountered must be referred to the Canadian Human Rights Commission.

Are there situations in which discrimination is allowed?

Yes. In some cases, the job requirements justify making a distinction based on the absence or presence of these personal characteristics (e.g.: a paraplegic cannot be a firefighter).

A distinction may also be justified by the charitable, philanthropic, religious, political or educational nature of a non-profit association or one that is devoted exclusively to the well being of an ethnic group. Thus, a group promoting the rights of disabled people may, for example, have a policy that encourages the hiring of disabled persons.

Also, the Charter provides for the implementation of equal opportunity programs to improve the situation of people who are part of groups discriminated against in the workplace (e.g.: women in the health and education sectors). These programs are not considered to be discriminatory.

Must there be an intention to discriminate for the act to be considered discrimination?

No. To be prohibited, an act does not have to discriminate on purpose . In fact, three types of discrimination exist:

• direct (e.g.: you are refused a dwelling because you are Muslim);
  
• indirect (e.g.: you are not hired by a company because of a minor physical ailment that does not prevent you from performing the duties required by the job);
  
• systemic (a company’s policies or practices have the effect of excluding women or preventing them from advancing in the organization).

What recourse is available to me if I suffer discrimination?

You can begin by filing a complaint with the Commission des droits de la personne et des droits de la jeunesse du Québec (CDPDJQ). To do so, you must complete a form in which you must provide the following information: contact information for the parties, the reasons for the complaint, a summary of the facts, what you are seeking, etc.

Once the first step has been completed, if the complaint falls under its jurisdiction, the CDPDJQ will then gather evidence (testimony, admissions, pertinent documentation, etc.) in order to determine whether discrimination actually occurred. It may contact the people involved and meet with them, but a formal hearing does not take place at this stage.

The CDPDJQ may also encourage the parties to settle, suggest arbitration or any other appropriate measure. If the problem is not settled after all these steps, it may decide to bring the matter before the tribunal on behalf of the complainant.

Lodging a complaint with the CDPDJQ is not the sole option of recourse available to a victim of discrimination. The matter may also be brought before the regular courts (Court of Québec or the Superior Court) for damages (an amount of money) or an order to stop the discriminatory acts. Doing so means instituting a formal legal proceeding, and usually involves significant costs and longer delays.

Useful Links :

1. Website of the Commission des droits de la personne et des droits de la jeunesse  [http://www.cdpdj.qc.ca/fr/guides/personnes-agees.asp?noeud1=2&noeud2=7&cle=26]