La loi vos droits

Citizens

Fighting Discrimination

Discrimination is hard to endure and even harder to report. In fact, many people remain silent simply because they don’t know what recourses are available.

No one should be treated unfairly because of skin colour, social status, sexual orientation, age, etc. Have you been discriminated against? In this Infosheet, Éducaloi explains some of the recourses open to you.

Do I have any recourse if I am a victim of discrimination?

Yes. Recourse is available if you are a victim of discrimination, that is, if you are treated differently for any of these reasons:

• Your race, colour, national or ethnic origin.
  
• Your sex.
  
• Pregnancy.
  
• Your sexual orientation.
  
• Your civil status.
  
• Your age.
  
• Your religion.
  
• Your political convictions.
  
• Your language.
  
• Your social condition.
  
• You have a disability.

What can I do if I am a victim of discrimination?

Two possible recourses are available:

• You may file a written complaint with the Commission des droits de la personne et des droits de la jeunesse;
  
  
• You may institute legal proceedings before the regular courts (Court of Québec or the Superior Court) for monetary damages or for an order prohibiting the discriminatory acts. Legal proceedings involve greater expense and longer delays. For more information, consult a lawyer.

How do I file a complaint with the Commission des droits de la personne et des droits de la jeunesse?

First, you should call the Commission and explain your situation to them. If your situation falls within its jurisdiction, the Commission will send you a complaint form that you must complete and return in order to file a formal complaint.

On the form, you will provide information such as: the contact information of the people involved, the grounds of discrimination, a summary of the facts, what you are seeking, etc.

Once your complaint has been filed, the CDPDJQ will begin an investigation and gather all available evidence (testimony, admissions, pertinent documents, etc.) necessary to help determine whether or not you have been a victim of discrimination.

Is there a fee for filing a complaint?

No. No fees are charged for filing your complaint or processing your file.

Is the Commission’s investigation similar to a trial at court?

Not at all. The investigation is a much more informal process whereby the investigator will contact both parties in writing or by phone and gather any evidence he may need. Forget about hearings and courts.

At this point, you may choose to be assisted by a lawyer or any other person.

During the investigation, an attempt will be made to settle the complaint amicably between the parties. Arbitration is also recommended.

Both parties must consent to arbitration. Once they have done so, the Commission will appoint an arbitrator who will render a decision after hearing the parties and their witnesses. The Commission pays all costs. This decision is final and cannot be appealed. Once an arbitrator has been appointed, the Commission is no longer involved in the process.

What happens when the investigation is over?

If the parties refuse arbitration or fail to reach an agreement, and if the Commission believes that you have been a victim of discrimination, it may recommend one or more remedial measures. This may mean getting an admission that a right was violated; terminating the discriminatory act; the performance of an act; payment of an indemnity or exemplary damages.

Can the Commission require a person who committed a discriminatory act to follow its recommendations?

No. The Commission cannot force the person or company to follow its proposed recommendations. However, if the person or company rejects the recommendations, the Commission can then ask that the Human Rights Tribunal order them to comply.

What does the Human Rights Tribunal do?

The Human Rights Tribunal specializes in matters of discrimination and harassment based on the grounds listed in the Québec Charter of Human Rights and Freedoms. It can also hear cases of exploitation of senior citizens or disabled people, as well as matters dealing with equal opportunity programs.

After determining that a complaint is within its mandate and finishing the investigation, the Commission has the power to decide if it believes the case should go to the Human Rights Tribunal, or any other competent court. If the Commission fails to settle a file, it can ask the Human Rights Tribunal to enforce any measures it deems necessary in order to resolve the problem. Whenever it brings a case before the Human Rights Tribunal, the Commission assumes the cost of the hearing and pleads the case. If the Commission decides not to bring the case before the Tribunal, the complainant can bring it there himself, in some instances.

The measures that the Tribunal may impose could include monetary damages in compensation for harm suffered or, for example, forcing a landlord to allow a person who lost his dwelling because of his sexual orientation to move back.
Any person who wants to take a case to the Tribunal first needs to file a complaint with the Commission des droits de la personne et des droits de la jeunesse.

A decision rendered by the Human Rights Tribunal is enforceable, meaning that it can force the people involved to comply.

My employer dismissed me because I filed a complaint with the Commission des droits de la personne et des droits de la jeunesse. What can I do?

No one is allowed to retaliate against you for filing a complaint. If your employer does so, explain your situation to the Commission, which can then bring the matter before a court.

If I suffer discrimination while working at a bank or other federally regulated business, do I file a complaint with the Commission des droits de la personne et des droits de la jeunesse du Québec?

No. The Canadian Human Rights Act applies in this instance and a person who is the victim of discrimination must file a complaint with the Canadian Human Rights Commission.

Useful Links :

1. Website of the Commission des droits de la personne et des droits de la jeunesse du Québec  [http://www.cdpdj.qc.ca/]
2. Canadian Human Rights Commission  [http://www.chrc-ccdp.ca/]