# Quebec Charter — the CDPDJ and the Human Rights Tribunal

From the official text of C-12 (LégisQuébec, à jour 1 April 2026), Parts II–VII. Retrieved 2026-07.

## The Commission (CDPDJ) — Part II

**s. 57** — the **Commission des droits de la personne et des droits de la jeunesse**. Mission: ensure the Charter's principles are upheld, that **children's interests are protected**, and that their rights under the **Youth Protection Act** (P-34.1) are respected. It also administers the *Act respecting equal access to employment in public bodies* (A-2.01).

**s. 58** — **13 members** (a president + 2 vice-presidents), appointed by the **National Assembly** on the Prime Minister's motion and **approved by two-thirds of the members** — a real independence guarantee. **s. 58.1** — 5 chosen for human-rights aptitude, 5 for youth-rights. **s. 58.3** — terms up to **10 years**; **s. 59** — salary not reducible once set.

**s. 68** — good-faith immunity; for investigations the Commission holds the **powers and immunity of commissioners under the Act respecting public inquiry commissions**, **except the power to order imprisonment**.

### What the Commission can actually investigate (the jurisdictional boundary)

**s. 71** — the Commission investigates, on its own initiative or on complaint, situations appearing to be:
- **discrimination within the meaning of ss. 10 to 19** (incl. s. 86 affirmative-action situations), or
- **a violation of s. 48(1)** — exploitation of aged or handicapped persons.

Plus **s. 82 reprisals**. **That's the whole list.** The Commission does **not** police ss. 1–9, Ch. III judicial rights, or Ch. IV generally — those are pursued **by the victim directly under s. 49 in the ordinary courts**. This is the most commonly misunderstood limit.

Its other duties (s. 71): foster **settlement**; report to the **Public Curator** where protective supervision is needed; run **information and education** programs; direct research; **"point out any provision in the laws of Québec that may be contrary to this Charter"** and recommend to the Government; cooperate with other organizations; investigate reprisals and offences, reporting to the **Attorney General and the DPCP**. **s. 72** — a duty to assist, **including drafting the complaint**. **s. 73** — annual report to the National Assembly by **30 June**.

**s. 29** *(of the Act — regional structure)* / **s. 30** — services are delivered through regional bodies whose names include "**community legal centre**". *(That's the A-14 legal-aid structure; the Commission itself sits in Québec City or Montréal per s. 69.)*

## The complaint process — Part II, Ch. III

| Step | Rule |
|---|---|
| **File** | **s. 74** — anyone who believes they're a victim of a violation **within the Commission's sphere of investigation** may complain. Groups may. **"Every complaint must be made in writing."** An organization may file **on a victim's behalf** — but **the victim's written consent is required, except for s. 48(1) exploitation** of aged/handicapped persons. |
| **Prescription pauses** | **s. 76** — **civil prescription is suspended** from the filing of the complaint (or the start of an own-initiative investigation) until the earliest of: settlement · notice of referral to a tribunal · the victim personally starting a s. 49/s. 80 action · notice that the Commission **refuses or ceases to act**. *(Critical: your civil clock is protected while the Commission works.)* |
| **Mandatory refusal** | **s. 77 ¶1** — the Commission **shall** refuse/cease where the victim so requests, or has personally pursued a s. 49 or s. 80 remedy on the same facts. |
| **Discretionary refusal** | **s. 77 ¶2** — it **may** refuse/cease where the last act complained of occurred **more than 2 years before filing**; insufficient interest; **frivolous, vexatious or in bad faith**; or a different remedy was personally pursued. **Written reasons required.** |
| **Investigate** | **s. 78** — gathers evidence to decide whether to foster settlement, propose **arbitration**, or refer to a tribunal; may cease where evidence is insufficient (reasoned written decision). |
| **Settle** | **s. 79** — settlements **in writing**; failing that, the Commission may propose measures — "**the admission of the violation of a right, the cessation of the act complained of, the performance of any act or the payment of compensation or punitive damages**." |
| **Refer** | **s. 80** — where the parties won't negotiate/arbitrate or don't implement, the Commission **may apply to a tribunal**, "**where consistent with the public interest**". |
| **Urgent** | **s. 81** — emergency measures where life, health or safety is threatened, or evidence could be lost. |
| **Reprisals** | **s. 82** — the Commission may seek measures against reprisals, including an order that the injured person **be reinstated in the position or dwelling** they would have occupied. |
| **Consent** | **s. 83** — written consent needed for ss. 80–82 applications, **except for s. 48(1) persons**. |

### ★ s. 84 — the 90-day substitution (the only private route to the Tribunal)

> Where the Commission "**exercises its discretionary power not to submit an application** to a tribunal," it must notify the complainant with reasons. "**Within 90 days after he receives such notification, the complainant may, at his own expense, submit an application to the Human Rights Tribunal** to pursue such remedy and, in that case, he is … **substituted by operation of law for the commission**…"

Read with **s. 111** — "**Only the commission may initially submit an application to the Tribunal**" — this is decisive: **a private complainant cannot go straight to the Tribunal.** Either the Commission refers your case, or it declines and you have **90 days, at your own expense**, to substitute yourself. Miss it and the Tribunal route closes.

**s. 85** — the victim may **intervene at any stage**; if he does, "**the commission cannot bring an appeal without his consent**."

## The Human Rights Tribunal — Part VI

**s. 100** — established. **s. 101** — **at least 7 members**: a **president** (chosen from **Court of Québec judges**, after consulting that court's chief judge, having "notable experience and expertise in, sensitivity to and interest for" human rights) plus **assessors**. Terms **5 years**, renewable.

**s. 104 — who actually decides:** the Tribunal sits in a division of **3 members — the presiding judge and 2 assessors** — but "**The member presiding the division shall decide the application alone.**" The assessors assist; they do not decide.

**s. 111 — jurisdiction:** applications under **ss. 80, 81 or 82** — "in particular in matters of **employment or housing** or in connection with **goods and services generally available to the public**" — and ss. 88/90/91 (affirmative action). **s. 111.1** adds A-2.01 matters. Note: the Tribunal has **no general Charter jurisdiction**; general s. 49 claims go to the ordinary courts.

**s. 109 — privative clause:** "**Except on a question of jurisdiction**, no application for judicial review… may be exercised **nor any injunction granted** against the Tribunal."

### Procedure

- **s. 114** — application in writing, filed in the district of the **defendant's domicile**.
- **s. 115** — **defence within 45 days** of service; "**shall not be extended unless the interests of justice so require**."
- **s. 116** — parties **by operation of law**: the Commission, the victim(s), the complainant, persons served. Others need **sufficient interest** and leave.
- **s. 120** — notice of hearing **not less than 10 days**; states the right to counsel, the right to **waive a viva voce hearing** and proceed in writing, and to request **in camera** or a **publication ban**.
- **s. 121** — the Tribunal may **ban or restrict disclosure/publication**.
- **s. 123 — the evidence rule:** "**The Tribunal, though bound by the general principles of justice, may admit any evidence useful and relevant** … and allow any means of proof." / "**The Tribunal is not bound by the special rules of evidence applicable in civil matters**, except to the extent determined in this Part."
- **s. 112** — powers/immunity of public-inquiry commissioners, **except imprisonment**.

### Decision, execution, appeal

- **s. 125** — decisions **in writing, with reasons**. **s. 108** — if no decision within **90 days**, referral to another judge or a new hearing.
- **s. 128** — the Tribunal may **revise or revoke** a decision (not executed/appealed) for a **new fact**, an inability to be heard, or a **substantive/procedural defect**.
- **s. 130** — a money condemnation becomes **executory as a judgment of the Court of Québec or Superior Court**; other final decisions are executory on **expiry of the appeal delay**.
- **s. 131 — contempt:** failure to comply is **contempt of court**, "with or without **imprisonment for not over one year**", and a **fine up to $50,000**; breaching an s. 121 ban — up to **$5,000**.
- **s. 132 — appeal:** "Any **final** decision of the Tribunal may be **appealed to the Court of Appeal with leave from one of the judges thereof**." **Leave is required**; interlocutory decisions aren't appealable.

## Affirmative action — Part III

**s. 86** — programs to remedy the situation of groups discriminated against in **employment, education, health and other public services**. "An affirmative action program is **deemed non-discriminatory if it is established in conformity with the Charter**." **s. 88** — the Commission may propose one after investigation, and apply to a tribunal to have it imposed. **s. 92** — the Government **must require** its own departments/agencies to implement programs.

## Confidentiality — Part IV

**s. 94 — settlement privilege:** "**Nothing said or written in the course of the negotiation of a settlement pursuant to section 78 may be revealed, even in judicial proceedings**, except with the consent of the parties…" **s. 95** — Commission members/staff **not compellable**. **s. 96** — no civil action for publishing a Commission report in good faith.