The Human Rights Tribunal of Quebec () is a specialized first-instance tribunal of the province of Quebec, Canada, that has the jurisdiction to hear and judge litigations concerning discrimination and harassment based on the prohibited grounds stipulated in the Charter of Human Rights and Freedoms, as well as concerning the exploitation of elderly or handicapped persons and affirmative action programs.
History The Human Rights Tribunal was created in accordance with the Quebec Charter of Human Rights and Freedoms.
The Tribunal was in fact born on December 10, 1990, pursuant to the Loi modifiant la Charte des droits et libertés de la personne concernant la Commission et instituant le Tribunal des droits de la personne,Loi modifiant la Charte des droits et libertés de la personne concernant la Commission et instituant le Tribunal des droits de la personne, L.Q. 1989, c. 51. tabled in the National Assembly by Gil Rémillard, then Minister of Justice of Quebec, and adopted on June 22, 1989. This law modified the mechanism that ensured the protection of rights and freedoms in the Province, consisting solely of the Commission des droits de la personne at the time (in 1995, the Commission des droits de la personne became the Commission des droits de la personne et des droits de la jeunesse). The purpose of this law was to correct the difficulties highlighted in a 1988 report filed by the Committee on Institutions of the National Assembly,QUEBEC, NATIONAL ASSEMBLY, Examen des orientations, des activités et de la gestion de la Commission des droits de la personne du Québec, Final Report of the Commission permanente des institutions, 2nd Session, 33th Legislature, June 14, 1988. notably the restrictive interpretation of the Charter by the ordinary courts, the delays at the commission as well as the contradictory roles assumed by the commission.
In 1990, the Government of Quebec appointed Michèle Rivet, judge of the Court of Quebec, as President of the Human Rights Tribunal. She presided the Tribunal until 2010. Michèle Pauzé subsequently presided the Tribunal from 2010 to 2014. As of September 1, 2014, Ann-Marie Jones assumes the presidency of the Human Rights Tribunal.Rapport d’activités 2015 du Tribunal des droits de la personne The Honourable Madeleine Aubé assumed the presidency of the Tribunal from September 2, 2022 to September 2, 2024. Since September 3, 2024, the Honourable Christian Brunelle has been Acting President of the Tribunal.
Past judgments Since its creation, the Tribunal had rendered numerous judgments concerning new questions of law, including: October 10, 1991: The Tribunal rendered its first decision concerning the integration of a disabled child into the school system; March 26, 1992: The Tribunal rendered a significant decision regarding sexual harassment; May 13, 1994: The Tribunal rendered a decision regarding exploitation of the elderly, the first of its kind; September 11, 2008: The Tribunal, in the case Gaz Métropolitain deemed that the women were victims of systemic discrimination; February 9, 2011: Simoneau v. Tremblay — The Tribunal rendered a decision regarding the obligation of state religious neutrality in the case of prayer recitation at the Municipal Council meeting of the city of Saguenay; April 18, 2012: The Tribunal rendered its first judgment on racial profiling involving the city of Montreal and the SPVM; May 31, 2012: The Tribunal's first case concerning an employment affirmative action program; 2015: Mouvement laïque québécois v Saguenay (City) — the judgment led to the Supreme Court of Canada acknowledging the specialized jurisdiction of the Tribunal. July 20, 2016: Ward v. Quebec — The Tribunal rendered judgment in a case, opposing comedian Mike Ward and singer Jérémy Gabriel, that involved a conflict between two fundamental rights: the interdiction to discriminate based on a disability and the freedom of expression, notably in the context of artistic expression. This decision, confirmed by the Court of Appeal, was reversed by the Supreme Court of Canada in 2020. May 11, 2018: The Tribunal rendered concluded that more than 150 students were discriminated in employment, in violation of section 19 of the Charter which protects the right to equal salary or wages for people who perform equivalent work at the same place. This decision was confirmed by the Court of Appeal.
Past seminars In order to facilitate "the development and elaboration of critical legal thinking in areas which fall under its jurisdiction" and to improve the protection of Human Rights in, the Tribunal has, over the years, organized several seminars in partnership with the legal community: The Human Rights Tribunal and the Société québécoise de droit international, Access to a Specialized Human Rights Tribunal: an Urgent Need to Act in ? (Direct Access of Individuals to Human Rights International and National Tribunals), Marriott Hotel Springhill Suites, Montreal, October 24, 2002; Human Rights Tribunal and Bar of Quebec, "La Charte des droits et libertés de la personne : Pour qui et jusqu’où? " (The Charter of Human Rights and Freedoms: For Whom and How Far?), Intercontinental Hotel, April 28–29, 2005;The acts of this seminar were published. See: Tribunal des droits de la personne et Barreau du Québec, La Charte des droits et libertés de la personne : pour qui et jusqu’où?, Cowansville, Éditions Yvon Blais, 2005. Human Rights Tribunal and Bar of Quebec, Access to a Specialized Human Rights Tribunal: an Urgent Need to Act in ?, Intercontinental Hotel, November 22–23, 2007;The acts of this seminar were published. See: Tribunal des droits de la personne et Barreau du Québec, Access to a Specialized Human Rights Tribunal: an Urgent Need to Act in Quebec?, Cowansville, Éditions Yvon Blais, 2008. Human Rights Tribunal and Bar of Quebec, "Race, femme, enfant, handicap : Les conventions internationales et le droit interne à la lumière des enjeux pratiques du droit à l’égalité" (Race, Woman, Child, Disability: International Conventions in the Context of Practical Issues concerning the Right to Equality); Centre Mont-Royal, March 25–26, 2010;The acts of this seminar were published. See: Tribunal des droits de la personne et Barreau du Québec, Race, femme, enfant, handicap : les conventions internationales et le droit interne à la lumière des enjeux pratiques du droit à l’égalité, Cowansville, Éditions Yvon Blais, 2010. Human Rights Tribunal and Bar of Quebec, "Le Tribunal des droits de la personne : 25 ans d’expérience en matière d’égalité" (The Human Rights Tribunal: 25 years of experience in matters of equality), Intercontinental Hotel, Montreal, October 23, 2015.
Anniversaries In 2015, the 25th anniversary of the Human Rights Tribunal was highlighted in the National Assembly of Quebec, as well as in several periodicals and newspapers, including the Journal du Barreau. Various activities were also organized in celebration of this anniversary, which coincided with the 40th anniversary of the Quebec Charter: April 1, 2015: The Honourable Ann-Marie Jones delivered a speech during the Conseil général du Barreau; June 11, 2015, the Tribunal animated a workshop at the Bar of Quebec's Annual Congress; September 10, 2015: The Honourable Ann-Marie Jones delivered a speech during the Ceremony of the Journée du Barreau. The ceremony highlighted the new judicial year 2015–2016; October 23, 2015: The Tribunal, in partnership with the Bar of Quebec, organized a seminar entitled "Le Tribunal des droits de la personne : 25 ans d’expérience en matière d’égalité" (The Human Rights Tribunal: 25 years of Experience in Matters of Equality). In 2020, the Tribunal was supposed to celebrate its 30th anniversary. However, the activities organized to celebrate this event were cancelled due to the 2020 pandemic.
Composition and roles Pursuant to section 101 of the Quebec Charter, "The Tribunal is composed of not fewer than 7 members, including a president and assessors, appointed by the Government." Section 103 of the Quebec Charter stipulates that the Government may designate judges of the Court of Quebec to sit as members of the Tribunal.
The Tribunal's composition is hybrid, as some of its members (the judges) are an integral part of the legal system whereas others (the assessors) do not necessarily have to be members of the Bar nor jurists. Each member of the Tribunal, however, must have "experience and expertise in, sensitivity to and interest for matters of human rights and freedoms."
Currently, the Tribunal is composed of 17 members: 7 judges of the Court of Quebec, including the President, and 10 assessors. All assessors are jurists and members of the Bar, although it is not a requirement.
The cases submitted to Tribunal are heard by a division composed of three members (a judge and two assessors). Preliminary or incidental applications are heard only by a judge, save for certain exceptions. The Quebec Charter specifies the different roles and powers attributed to the members of the Tribunal, be they judge or assessor.
Role of Judges Although the cases submitted to Tribunal are heard by a division consisting of three members, it is the judge who presides the hearing. Section 104 of the Quebec Charter stipulates that only the judges that have decision-making powers: they alone decide on the application, render decisions on issues raised during the course of the proceedings and sign the judgment.
President Section 101 of the Quebec Charter stipulates that the President of the Tribunal is appointed by the Government, after consultation with the chief judge of the Court of Quebec, for a renewable five term. The President is the only full-time judge of the Tribunal.
Sections 106 and 110 of the Quebec Charter define some of the President's duties and responsibilities. The President must: Foster a consensus among the members concerning the general orientations of the Tribunal; Coordinate the work of the Tribunal and distribute it among the members; Prescribe a Code of ethics and ensure that it is observed; Adopt, with the assistance of the majority of the members, a regulation of procedure applicable to the Tribunal.
Designated Judges Unlike the President, the length of the mandates of the judges named to the Tribunal is not prescribed by the Quebec Charter. The designated judges are appointed, on the request of the President and after consultation with the chief justice of the Court of Quebec, for a determined period that can be renewed.
The designated judges work part-time at the Tribunal. Between assignments, they continue to sit on the Court of Quebec, in their assigned divisions.
Role of Assessors The assessors are appointed to the Tribunal following a procedure which is under the legislative authority of the Government of Quebec and which is similar to the procedure of nomination of provincial judges. As per Section 101 of the Charter, the assessors are appointed for a five-year term, renewable, and which may be prolonged for a shorter determined time.
As the judges, the assessors are independent and impartial. However, they do not have decision-making powers. Therefore, the assessors’ judicial functions at the Tribunal are indirect as they provide assistance to the judges.
The assessors are full members of the Tribunal; they work on an ad hoc basis, according to the work assigned by the President of the Tribunal. The assessors are not subject to exclusivity and may pursue their careers while working at the Tribunal.
Jurisdiction The Tribunal is a specialized tribunal. Its constituent act, the Quebec Charter, prescribes the Tribunal's powers, jurisdiction and manner in which it is seized.
Specialized jurisdiction The Tribunal hears litigations in matters of: Discrimination (section 10 of the Quebec Charter): Direct discrimination, indirect discrimination, systemic discrimination and discriminatory profiling;