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WHEREAS every human being possesses intrinsic rights and freedoms
designed to ensure his protection and development,
Whereas all human beings are equal in worth and dignity, and are entitled to equal protection of the law;
Whereas respect for the dignity of the human being and recognition of his rights and freedoms constitute the foundation of justice and peace-,
Whereas the rights and freedoms of the human person are inseparable from the rights and freedoms of others and from the common well-being-be-,
Whereas it is expedient to solemnly declare the fundamental human rights and freedoms in a Charter, so that they may be guaranteed by the collective will and better protected against any violation;
Therefore, Her Majesty, with the advice and consent of the National Assembly of Quebec, enacts as follows:
1 . Every human being has a right to life, and to personal security, inviolability and freedom.
He also possesses juridical personality.
2. Every human being whose life is in peril has a right to assistance.
Every person must come to the aid of anyone whose life is in peril, either
personally or by calling for aid, by giving him the necessary and immediate
physical assistance, unless it involves danger to himself or a third person, or
he has another valid reason.
3. Every person is the possessor of the fundamental freedoms, including freedom of conscience, freedom of religion, freedom of opinion, freedom of expression, freedom of peaceful assembly and freedom of association.
4. Every person has a right to the safeguard of his dignity, honour and reputation.
5. Every person has a right to respect for his private life
6. Every person has a right to the peaceful enjoyment and free disposition of his property, except to the extent provided by law.
7. A person's home is inviolable.
8. No one may enter upon the property of another or take anything therefrom without his express or implied consent.
9. Every person has a right to non-disclosure of confidential information.
No person bound to professional secrecy by law and no priest or other ministers of religion may, even in judicial proceedings, disclose confidential information revealed to him by reason of his position or profession, unless he is authorized to do so by the person who confided such information to him or by an express provision of law.
The tribunal must, ex officio, ensure that professional secrecy is respected.
10. Every person has a right to full and equal recognition and exercise of his human rights and freedoms, without distinction, exclusion or preference based on race, colour, sex, sexual orientation, civil status, religion, political convictions, language, ethnic or national origin, social condition or the fact that he is a handicapped person or that he uses any means to palliate his handicap.
Discrimination exists where such a distinction, exclusion or preference has the effect of nullifying or impairing such right.
11. No one may distribute, publish or publicly exhibit a notice, symbol or sign involving discrimination, or authorize anyone to do so.
12. No one may, through discrimination, refuse to make a juridical act
concerning goods or services ordinarily offered to the public
13. No one may in a juridical act stipulate a clause involving discrimination.
Such a clause is deemed without effect.
14. The prohibitions contemplated in sections 12 and 13 do not apply to the person who leases a room situated in a dwelling if the lessor or his family resides in such dwelling, leases only one room and does not advertise the room for lease by a notice or any other public means of solicitation.
15. No one may, through discrimination, inhibit the access of another to public transportation or a public place, such as a commercial establishment, hotel, restaurant, theatre, cinema, park, camping ground or trailer park, or his obtaining the goods and services available there.
16. No one may practice discrimination in respect of the hiring, apprenticeship, duration of the probationary period, vocational training, promotion, transfer, displacement, laying-off, suspension, dismissal or conditions of employment of a person or in the establishment of categories or classes of employment.
17. No one may practice discrimination in respect of the admission, enjoyment of benefits, suspension or expulsion of a person to, of or from an association of employers or employees or any professional corporation or association of persons carrying on the same occupation.
18. No employment bureau may practice discrimination in respect of the reception, classification or processing of a job application or in any document intended for submitting an application to a prospective employer.
19. Every employer must, without discrimination, grant equal salary or
wages to the members of his personnel who perform equivalent work at the
A difference in salary or wages based on experience, seniority, years of
service, merit, productivity or overtime is not considered discriminatory if such criteria are common to all members of the personnel.
20. A distinction, exclusion or preference based on the aptitudes or qualifications
required in good faith for an employment, or justified by the charitable, philanthropic, religious,
political or educational nature of a nonprofit institution or of an institution devoted exclusively
to the well-being of an ethnic group, is deemed non-discriminatory.
21. Every person has a right of petition to the National Assembly for the
redress of grievances.
22. Every person legally capable and qualified has the right to be a
candidate and to vote at an election.
23. Every person has a right to a full and equal, public and fair hearing by an independent and impartial tribunal, for the determination of his rights and obligations or of the merits of any charge brought against him. The tribunal may decide to sit in camera, however, in the interests of morality or public order.
It may also sit in camera in the interests of children, particularly in matters of divorce, separation from bed and board, marriage annulment or declaration or disavowal of paternity.
24. No one may be deprived of his liberty or of his rights except on grounds provided by law and in accordance with prescribed procedure.
25. Every person arrested or detained must be treated with humanity
and with the respect due to the human person.
26. Every person confined to a house of detention has the right to
separate treatment appropriate to his sex, his age and his physical or mental condition.
27. Every person confined to a house of detention while awaiting the outcome of his trial has the right to be kept apart, until final judgment, from prisoners serving sentence.
28. Every person arrested or detained has a right to be promptly informed, in a language he understands, of the grounds of his arrest or detention,
29. Every person arrested or detained has a right to immediately advise his next of kin thereof and to have recourse to the services of an advocate.
30. Every person arrested or detained must be brought promptly
before the competent tribunal.
31. No person arrested or detained may be deprived without just cause
of the right to be released on undertaking, with or without deposit or surety, to appear before the tribunal at the appointed time.
32. Every person deprived of his liberty has a right of recourse to habeas corpus.
33. Every accused person is presumed innocent until proven guilty according to law.
34. Every person has a right to be represented by an advocate or to be assisted by one before any tribunal.
35. Every accused person has a right to a full and complete defense and has the right to examine and cross-examine witnesses.
36. Every accused person has a right to be assisted free of charge by an interpreter if he does not understand the language used at the hearing.
37. No accused person may be held guilty on account of any act or
omission which, at the time when it was committed, did not constitute a
violation of the law.
38. No testimony may be used to incriminate the person who gives it if
he does so under the protection of the tribunal, except in the case of perjury.
ECONOMIC AND SOCIAL RIGHTS
39. Every child has a right to the protection, security and attention that must be provided to him by his family or the persons acting in their stead.
40. Every person has a right, to the extent and according to the standards provided for by law, to free public education.
41. Parents or the persons acting in their stead have a right to require that, in the public educational establishments, their children receive a religious or moral education in conformity with their convictions, within the framework of the curricula provided for by law.
42. Parents or the persons acting in their stead have a right to choose private educational establishments for their children, provided such establishments comply with the standards prescribed or approved by virtue of the law.
43. Persons belonging to ethnic minorities have a right to maintain and develop their own cultural interests with the other members of their group.
44. Every person has a right to information to the extent provided by law.
45. Every person in need has a right, for himself and his family, to measures of financial assistance and to social measures provided for by law, susceptible of ensuring such person an acceptable standard of living.
46. Every person who works has a right, in accordance with the law, to
fair and reasonable conditions of employment.
47. Husband and wife have, in the marriage, the same rights, obligations and responsibilities
Together they provide the moral guidance and material support of the family and the education of their common offspring.
48. Every aged person and every handicapped person has a right to protection against any form of exploitation.
Such a person also has a right to the protection and security that must be provided to him by his family or the persons acting in their stead.
SPECIAL AND INTERPRETATIVE
49. Any unlawful interference with any right or freedom recognized by this Charter entities the victim to obtain the cessation of such interference and compensation for the moral or material prejudice resulting therefrom.
In case of unlawful and intentional interference, the tribunal may, in addition, condemn the person guilty of it to exemplary damages.
50. The Charter shall not be so interpreted as to suppress or limit the
enjoyment or exercise of any human right or freedom not enumerated herein.
51. The Charter shall not be so interpreted as to extend, limit or amend
the scope of a provision of law except to the extent provided in section 52.
52. Sections 9 to 38 prevail over any provision of any subsequent act
which may be inconsistent therewith unless such act expressly states that it
applies despite the Charter.
53. If any doubt arises in the interpretation of a provision of the act, it shall be resolved in keeping with the intent of the Charter.
54. The Charter binds the Crown.
55. The Charter affects those matters that come under the legislative
authority of Quebec.
56.(1) In sections 9, 23, 30, 31, 34 and 38, the word "Tribunal"
includes a coroner, a fire investigation commissioner, an inquiry commission,
and any person or agency exercising quasi-I . judicial functions.
(2)In section 19, the words "salary" and "wages" include the
compensations or benefits of pecuniary value connected with the employment.
(3)In the Charter, the word "law" or "act" includes a regulation, a decree, an ordinance or an
order in council made under the authority of any act.