# Quebec Charter — the provisions

Quoted from the **official consolidated text** of the *Charter of human rights and freedoms*, CQLR c. **C-12**, on LégisQuébec ("Ce document a valeur officielle"), **à jour au 1 April 2026**. Retrieved 2026-07. Enacted 1975, c. 6; in force 28 June 1976.

## The structural facts that govern everything

- **s. 54 — "The Charter binds the State."**
- **s. 55 — "The Charter affects those matters that come under the legislative authority of Québec."** Together with the "**No one may…**" drafting of ss. 10–19, this is why the Charter **applies horizontally to private actors** — private employers, landlords, service providers. The *Canadian* Charter binds only government (s. 32). This is the single biggest practical difference.
- **s. 52 — primacy.** *"No provision of any Act, even subsequent to the Charter, may derogate from **sections 1 to 38**, except so far as provided by those sections, unless such Act **expressly states that it applies despite the Charter**."*
  - Primacy covers **ss. 1–38 only**: Ch. I (fundamental, 1–9.1), Ch. I.1 (equality, 10–20.1), Ch. II (political, 21–22), Ch. III (judicial, 23–38).
  - **Excluded: Ch. IV economic and social rights (ss. 39–48)** — they do **not** override legislation.
  - Effect of inconsistency = **inoperability**, not invalidity. Per **s. 56(3)**, "Act" includes **regulations, decrees, ordinances, orders in council**.

## Chapter I — Fundamental freedoms and rights (ss. 1–9.1)

| s. | Right |
|---|---|
| **1** | Life, personal **security, inviolability and freedom**; juridical personality. |
| **2** | **Duty to rescue** — "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**… unless it involves danger to himself or a third person, or he has another valid reason." *(No common-law or federal-Charter analogue.)* |
| **3** | Freedoms of **conscience, religion, opinion, expression, peaceful assembly, association**. |
| **3.1** | Right to **live in French** to the extent provided by the Charter of the French language. *(2022, c. 14)* |
| **4** | Safeguard of **dignity, honour and reputation**. |
| **5** | Respect for **private life**. |
| **6** | **"Peaceful enjoyment and free disposition of his property, except to the extent provided by law."** *(A property right — deliberately omitted from the Canadian Charter.)* |
| **7** | **"A person's home is inviolable."** |
| **8** | No entry on another's property or taking without **express or implied consent**. |
| **9** | Non-disclosure of confidential information; **professional secrecy** — and "**The tribunal must, ex officio, ensure that professional secrecy is respected.**" |

**s. 9.1 — the limitation clause:** *"In exercising his human rights and freedoms, a person shall maintain a proper regard for **democratic values, State laicity, the importance given to the protection of French, the model for integration into the Québec nation, public order and the general well-being** of the citizens of Québec. In this respect, **the scope of the freedoms and rights, and limits to their exercise, may be fixed by law**."*

Unlike Canadian Charter s. 1, ¶1 imposes a **horizontal duty on how you exercise rights**; only ¶2 authorizes legislative limits. **s. 9.1 applies only to ss. 1–9** — *not* to the s. 10 equality right (which is limited instead by ss. 20/20.1). The three added values — **laicity** (2019, c. 12), **protection of French** (2022, c. 14), **integration into the Québec nation** (2025, c. 13) — are Quebec-specific.

## Chapter I.1 — Equality (ss. 10–20.1)

**s. 10 — verbatim:**

> "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, gender identity or expression, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions, language, ethnic or national origin, social condition, a handicap or the use of any means to palliate a handicap**.
> **Discrimination exists where such a distinction, exclusion or preference has the effect of nullifying or impairing such right.**"

- **The list is closed** — no analogous-grounds doctrine (unlike Canadian Charter s. 15).
- **Grounds the federal Charter lacks**: **social condition**, **political convictions**, **language**, **civil status**, **pregnancy** (freestanding), **use of any means to palliate a handicap**. *Gender identity or expression* added 2016, c. 19.
- **s. 10 is not freestanding** — it attaches to another right or to ss. 10.1–19.
- **"age except as provided by law"** is an internal limit unique to that ground.

| s. | Rule |
|---|---|
| **10.1** | **"No one may harass a person on the basis of any ground mentioned in section 10."** |
| **11** | No **discriminatory notice, symbol or sign**. |
| **12** | **"No one may, through discrimination, refuse to make a juridical act concerning goods or services ordinarily offered to the public."** |
| **13** | No **discriminatory clause** in a juridical act — **"Such a clause is without effect."** (void of right) |
| **14** | Exception to 12–13: a lessor of **one room** in a dwelling where the lessor/family resides and who **doesn't advertise** it. |
| **15** | No discrimination inhibiting **access to a public place** — "commercial establishment, hotel, restaurant, theatre, cinema, park, camping ground or trailer park" — or to goods/services there. *(list is illustrative — "such as")* |
| **16** | No discrimination in **hiring, apprenticeship, probation, training, promotion, transfer, layoff, suspension, dismissal or conditions of employment**, or in job classes. |
| **17** | No discrimination by an **association of employers/employees or professional order**. |
| **18** | No discrimination by an **employment bureau**. |
| **18.1** | No **application form or interview** may require information on a s. 10 ground (unless for s. 20 or an affirmative action program). |
| **18.2** | No dismissal/refusal to hire for **a criminal or penal conviction** "if the offence was in no way connected with the employment or if the person has obtained a **pardon**." *(Not tied to s. 10 — a standalone protection.)* |
| **19** | **Equal salary for equivalent work at the same place**; differences OK on experience, seniority, years of service, merit, productivity, overtime "if such criteria are common to all". |
| **20** | Deemed **non-discriminatory**: a distinction "based on the **aptitudes or qualifications required for an employment**", or justified by the **charitable, philanthropic, religious, political or educational** nature of a non-profit institution. |
| **20.1** | In insurance/pension contracts, distinctions on **age, sex or civil status** deemed non-discriminatory where warranted on **actuarial risk data**; **health** as a risk factor is not discrimination. |

## Chapter II — Political rights (ss. 21–22)

**21** — right of **petition to the National Assembly**. **22** — right **to vote and to be a candidate**.

## Chapter III — Judicial rights (ss. 23–38)

**s. 23** is broader than the Canadian Charter's s. 11(d): *"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**."* — i.e. **civil** matters too, not just criminal charges. The tribunal may sit **in camera** "in the interests of morality or public order."

Also: **24** (no deprivation of liberty/rights except on grounds provided by law) · **24.1** (**no unreasonable search or seizure**) · **25** (arrested persons treated with humanity) · **26–27** (separate treatment; awaiting-trial separation) · **28** (promptly informed of grounds, in a language he understands) · **28.1** (informed of the specific offence) · **29** (advise next of kin; **counsel**; be informed of those rights) · **30** (brought promptly before a tribunal or released) · **31** (release on undertaking, no deprivation without just cause) · **32** (**habeas corpus**) · **32.1** (**tried within a reasonable time**) · **33** (**presumption of innocence**) · **33.1** (no compelled self-incrimination at trial) · **34** (**"represented by an advocate or to be assisted by one before any tribunal"** — any tribunal, not just criminal) · **35** (full and complete defence; examine witnesses) · **36** (**free interpreter**, incl. if deaf) · **37** (no retroactive offences) · **37.1** (res judicata) · **37.2** (**benefit of the lesser punishment**) · **38** (testimony not used to incriminate, except perjury).

**s. 56(1)** extends "tribunal" for ss. 9, 23, 30, 31, 34, 38 to include "**a coroner, a fire investigation commissioner, an inquiry commission, and any person or agency exercising quasi judicial functions**."

## Chapter IV — Economic and social rights (ss. 39–48)

**No federal-Charter analogue.** Most are internally qualified ("to the extent provided by law"), and **none have s. 52 primacy** — they don't override legislation. They remain actionable under **s. 49** against private parties and the State as litigant.

**39** child's right to protection/security/attention · **39.1** right to **know one's origins** (2022) · **40** **free public education** · **41** parents' religious/moral education · **42** choice of private schools · **43** **cultural minorities**' right to maintain their culture, and "full participation, **in French**, in Québec society" (2025) · **44** **right to information** · **45** every **person in need** has a right to "measures of financial assistance and to social measures… **susceptible of ensuring such person an acceptable standard of living**" · **46** **fair and reasonable conditions of employment** with regard for health, safety and physical well-being · **46.1** right to **live in a healthful environment in which biodiversity is preserved** (2006) · **47** spousal equality in marriage/civil union.

**s. 48 — the operationally significant one:**

> "**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."

s. 48(1) has a bespoke enforcement track: the **Commission investigates it** (s. 71(1)) alongside ss. 10–19; a third party may complain **without the victim's consent** (**s. 74**, the only such exception); and contravening it is a **penal offence** (s. 134(1)).

## Chapter V — Remedies and interpretation (ss. 49–56)

**s. 49 — the remedy:**

> "**Any unlawful interference with any right or freedom recognized by this Charter entitles 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 punitive damages.**"

Two tiers: **cessation + compensatory damages** need only *unlawful* interference; **punitive damages** require interference that is **"unlawful *and* intentional"** and are **discretionary**. (Art. 1621 C.C.Q. caps punitive damages at what suffices for their preventive purpose.) s. 49 reaches **any** Charter right — including Ch. IV rights.

Also: **49.1** Pay Equity Act exclusivity · **50** the Charter doesn't suppress unenumerated rights; and must be interpreted consistently with the **Charter of the French language** and the **integration model** (2022/2025) · **50.1** rights "**guaranteed equally to women and men**" (2008) · **51** no extending/limiting other laws except per s. 52 · **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** binds the State · **55** Quebec's legislative authority · **56** definitions.

## Offences (Part VII)

**s. 134** — an offence to: contravene **ss. 10–19 or s. 48(1)**; reveal information without authorization; **obstruct the Commission**; breach a confidentiality ban; or **take reprisals under s. 82**. **s. 135** deems officers/directors who authorized or participated to be parties. **s. 136** — the **Commission may institute penal proceedings**.

*(s. 139 was the blanket notwithstanding provision — it "**ceased to have effect on 17 April 1987**.")*