Human Rights Tribunal of Quebec

The Human Rights Tribunal of Quebec (French: Tribunal des droits de la personne) 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.

Since its creation, the Tribunal had rendered numerous judgments concerning new questions of law, including: 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:[18] 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.

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 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.

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.

[33] 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.

[31] If, following the commission's investigation,[39] the Commissioners adopt a resolution whereby they conclude that there is sufficient evidence to support the complaint, corrective measures may be suggested.

According to section 84 of the Quebec Charter, the alleged victim and/or the organization that had filed the complaint with the commission on his or her behalf, may possibly initiate proceedings before the Human Rights Tribunal at their own expense.

[43] The alleged victim and/or the complainant organization must initiate proceedings before the Tribunal within 90 days of having received a notification from the Commission of its decision to close the file.

Pursuant to section 49 of the Quebec Charter, the Tribunal can condemn the guilty party to pay damages to the victim(s) for material and/or moral prejudices suffered.

Section 49 of the Quebec Charter also stipulates that the Tribunal can condemn the guilty party to punitive damages if the interference with the rights or freedoms of the victim is intentional.

In addition, as per sections 49 and 80 of the Quebec Charter, the Tribunal can issue orders that will put an end to the violation of the victim's rights.

In the judgment Bombardier,[47] the Supreme Court of Canada acknowledged the Tribunal's power to issue orders in the public interest.

The Tribunal was created with the objective of ensuring greater accessibility to justice and increased efficiency in the adjudication process.

The Human Rights Tribunal hears cases in all of the judicial districts, even though its offices are located in the Montreal Courthouse.

[50] However, section 123 of the Quebec Charter stipulates that "[t]he Tribunal, though bound by the general principles of justice, may admit any evidence useful and relevant to the application submitted to it and allow any means of proof".

[54] The application is filed at the office (counter) of the Court of Quebec in the judicial district where the defendant lives or has their principal place of business.

The Proceedings Before the Human Rights Tribunal