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Senior Citizens

Seniors Citizens and the Charter of Human Rights and Freedoms

Most people hope that they'll be able to live out their golden years with gusto, either by continuing to work at a job they love or by taking full advantage of retirement. However, the reality is that many seniors find themselves in situations of neglect or discrimination.

In this Infosheet, Éducaloi answers the questions asked by many senior citizens about their rights and freedoms. Can you be forced to retire? How can you fight exploitation? Read on to learn more!

I am 65 years old. Can my employer force me to retire?

No. The Québec Charter of Human Rights and Freedoms states that a person may not be treated differently because of age. Therefore, you cannot be forced to retire simply because you are 65 years old.

Also, the Act respecting labour standards states that it is the worker who decides when to retire. Mandatory retirement was abolished in 1982! So it is illegal for your employer to fire you, make you retire or take any discriminatory measures or reprisals against you because of your age. This principle holds true even if you are at the age or length of service that allows you to retire, according to your retirement plan, your collective agreement, a decree or an arbitration award that applies to you.

There are some exceptions to this rule. Some police officers and firefighters, depending on the nature of their work, can be forced to retire once they’ve reached a certain age or given number of years of service. Your employer is also able to fire you for a just and reasonable cause.

What can I do if my employer fired me because of my age?

Your employer fired you or took other measures against you because of your age? You can file a complaint with the Commission des normes du travail (Labour Standards Commission). You have 90 days to do it.

The Commission can help you open a dialogue with your employer to find a satisfying solution for both parties. If a settlement is not reached, your case may be heard by the Bureau du Commissaire général du travail (Labour Commissioner-general). The labour commissioner has the power to order your employer to reinstate you and to compensate you for lost salary and other benefits.

If you are not protected by the Act respecting Labour Standards, or if you missed the 90-day time limit, you may then file a complaint with the Commission des droits de la personne et des droits de la jeunesse du Québec (CDPDJ). The Commission has jurisdiction to hear your case because discrimination based on age is prohibited.

Can a landlord refuse to rent an apartment to me because I am older?

No. In Quebec, the rule is simple: a person cannot be treated differently because of his age. Renting an apartment is no exception to this rule. A landlord’s decision whether to rent you a dwelling or not must be based on objective criteria, such as references from previous landlords or the applicant’s ability to pay. Age is not one of these criteria!

If you are ever refused a dwelling because of your age, don’t hesitate to file a complaint with the Commission des droits de la personne et des droits de la jeunesse  (http://www.cdpdj.qc.ca/en/home.asp?noeud1=0&noeud2=0&cle=0).

I was recently hospitalized and was filmed without my consent by a television crew doing a story on emergency rooms. Did they have the right to do so?

The crew should have first asked you for your consent to be filmed. Your right to the safeguard of your dignity, honour, and the respect of your private life are protected by the Charter of Human Rights and Freedoms and, as of 1994, under the Civil Code of Québec.

If someone uses your image without your permission, especially when you are ill or vulnerable, it may be against the laws mentioned above.

My son, with whom I live, is threatening me for money. Is this exploitation?

The Charter of Human Rights and Freedoms provides that elderly or disabled people have the right to be protected from all forms of exploitation. But what exactly do we mean by exploitation?

As a general rule, exploitation occurs when:

• You find yourself in a position of weakness, dependency or vulnerability toward another person;
  
• That person uses his position for his own gain (financial, physical, psychological, social or moral) and to your detriment.

For example, suppose you are living with a person to whom you have entrusted the administration of your property. This person betrays your confidence by isolating you, keeping you away from relatives and using your property for his own benefit.

Whether it is a person outside your family or one of your relatives who treats you like this, you don’t have to put up with this behaviour. If you think you are in a situation of exploitation, don’t hesitate: call the Commission des droits de la personne et des droits de la jeunesse, or the CLSC in your region to ask for help.

Useful Links :

1. Training guide on the Commission's website  [http://www.cdpdj.qc.ca/fr/module-personnes-agees/index.asp?noeud1=4&noeud2=14&cle=0#]
2. 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]