Introduction to the Charter of Human Rights and Freedoms
The Charter of human rights and freedoms is a fundamental law. It protects everyone, whatever their status or nationality.
The Charter is the text that protects people in Quebec, whether they were born in Canada or abroad, whether they are based in the province or visiting (tourism, temporary work, studies). This fundamental law must be respected by all other laws.
It protects fundamental rights, such as the right to life, security, personal integrity and freedom. It establishes that all people are equal in worth and dignity and are entitled to non- discrimination.
It also protects the right to pay equity under Section 19.
Section 19 of the Charter of Human Rights and Freedoms
Every employer must, without discrimination, grant equal treatment and pay to all workers performing work of equal value within the same establishment.
A distinction in treatment or pay is not considered discriminatory if it is based on factors such as experience, seniority, length of service, the evaluation of merit, productivity, or overtime, provided these criteria apply uniformly to all workers.
Pay adjustments and pay equity programs are deemed non-discriminatory, in matters relating to sex-based discrimination, when established in accordance with the Pay Equity Act (chapter E-12 001).
Gender equality
The Quebec Charter of Human Rights and Freedoms affirms that all individuals in Quebec are equal, whether they are men or women. This means that, by law, a woman must be treated in the same manner as a man.
No one may have their rights or freedoms hindered because of a personal characteristic. The Charter protects everyone against discrimination on 14 grounds:
- Race,
- Colour,
- Sex,
- Age,
- Gender identity or expression,
- Disability,
- Ethnic or national origin,
- Political convictions,
- Sexual orientation,
- Religion,
- Civil status,
- Language,
- Pregnancy, and
- Social condition.
A person cannot be excluded, insulted or harassed on the grounds of being a woman, for example. Denying someone a job because she is a woman constitutes sex-based discrimination under the Charter.
Equality between women and men means that everyone shares the same rights, responsibilities, and opportunities. They must have equal access to resources and share constraints equitably.
The Charter of Human Rights and Freedoms protects gender equality: equality before the law.
However, despite this legal equality, true or substantive equality has yet to be fully achieved in Quebec. Women continue to earn lower incomes than men and remain underrepresented in positions of power and decision-making. In particular, women in vulnerable situations may be more likely to experience discrimination and inequality.
Upholding the Charter of Human Rights and Freedoms
The Commission des droits de la personne et des droits de la jeunesse (CDPDJ) is responsible for ensuring compliance with the Charter. Citizens may file a complaint with the Commission in cases of discrimination, harassment, or exploitation. Such complaints are heard before the Canadian Human Rights Tribunal (HRT).
The Charter applies to all individuals, groups and organizations, businesses, public and private services, unions, as well as the Quebec government and its institutions and administrations.
However, the federal public service, banks, telecommunications businesses such as media outlets, and air, rail, or marine transport services are covered by the Canadian Human Rights Act.
