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Topic: Quebec Charter of Human Rights and Freedoms

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Canadian Charter of Rights and Freedoms

Bill of Rights

Charter of the French Language

Bill 101

Politics of Quebec

Demolinguistics of Quebec

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	Ford Case
		Freedom of expression included the freedom to choose the language in which one expressed oneself.
		This prohibition and the related exclusivity could not be justified by virtue of section 9.1 of the Québec Charter and section 1 of the Canadian Charter of Rights and Freedoms.
		However, the Supreme Court added the clear predominance of French on commercial signs could be justified equally under section 9.1 of the Québec Charter and section 1 of the CANADIAN CHARTER OF RIGHTS AND FREEDOMS because of the goal of assuring the survival of the French language.
	www.thecanadianencyclopedia.com /index.cfm?PgNm=TCE&Params=A1ARTA0009172 (122 words)

	Supreme Court Strikes Down Private Health Care Insurance Prohibition in Quebec: Chaoulli v. Quebec (Attorney General) (Site not responding. Last check: 2007-10-27)
		Quebec (Attorney General), Dr. Jacques Chaoulli and George Zeliotis successfully challenged the validity of Section 15 of the Quebec Health Insurance Act (HEIA) and Section 11 of the Hospital Insurance Act (HOIA).
		Since it was not shown that a monopoly is necessary or related to the provision of quality public health care, the prohibition was arbitrary and, therefore, not in accordance with the principles of fundamental justice.
		- Found: Some of the rights protected by Section 7 of the Canadian Charter — the right to life and security of the person — might in some instances be violated by the prohibition on private insurance for health care, as some Quebeckers may have their life or security put at risk by the prohibition.
	www.hg.org /articles/article_704.html (713 words)

	[No title]
		To understand the rights and freedoms that it protects, this chapter provides a summary of almost all the articles in the Charter, followed by a synopsis of the role of the Commission des droits de la personne et des droits de la jeunesse (the Commission).
		The rights and freedoms cited in the Charter affect all spheres of life and the Charter's articles apply to all areas of activity that fall under provincial jurisdiction.
		Individual rights and freedoms must, however, be respected within a framework of respect for democratic values, public order and the general well-being of all of society.
	www.math.mcgill.ca /triples/infocult/phenomene/English/HTML/doc0005.htm (2673 words)

	News \| TimesDaily.com \| TimesDaily \| Florence, Alabama (AL)
		The Quebec Charter of Human Rights and Freedoms (French: Charte des droits et libertÃ©s de la personne) is a statutory bill of rights adopted by the National Assembly of Quebec on June 27, 1975.
		The Quebec Charter of Human Rights and Freedoms is unique among Canadian (and North American) human rights documents in that it covers not only the fundamental (civil and political) human rights, but also a number of important social and economic rights.
		The protections contained in the Charter are inspired by the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
	www.timesdaily.com /apps/pbcs.dll/section?category=NEWS&template=wiki&text=Quebec_Charter_of_Human_Rights_and_Freedoms (853 words)

	The Rule of Law : Québec Portal
		The Québec Charter of Human Rights and Freedoms expressly recognizes that every person possesses certain freedoms and certain fundamental rights, which the government itself cannot restrict except by means of a law, the reasonable nature of which it may be required to justify before a court.
		So that all Quebecers may be aware of the law that governs them, the texts of the laws, regulations and all other rules that apply to them are fully accessible to and widely circulated in the community in their integral versions, in summary form, or through any other medium explaining their content.
		The fundamental rights and freedoms established by the Québec Charter of Human Rights and Freedoms are :
	www.gouv.qc.ca /portail/quebec/pgs/commun/portrait?lang=en&id=pgs.portrait.modernesolidaire.droit&location=pgs/portrait/modernesolidaire/droit (2358 words)

	Human Rights Program
		This protection is supplemented by section 45, which establishes the right of all persons in need, for themselves and their families, to measures of financial assistance and to social measures provided for by law that can ensure an acceptable standard of living (family allowances, income security).
		The right of a child to freedom of expression by a medium of his or her own choice is clearly protected by section 3 of the Québec Charter.
		The right to information is granted specific protection in section 44 of the Québec Charter, although the courts often treat it as incidental to the right to freedom of expression.
	www.pch.gc.ca /ddp-hrd/docs/crc/pq_e.cfm (7750 words)

	Ford v. Quebec (Attorney General) - Wikipedia, the free encyclopedia
		Quebec (Attorney General) is a Supreme Court of Canada decision made in 1988 which invalidated sections of the Charter of the French Language, commonly known as Bill 101.
		The Supreme Court upheld the decisions of the Quebec Superior Court and the Quebec Court of Appeal in that the signs could not be prohibited by the law in its current state.
		In 1993, the Charter of the French Language was amended in the manner suggested by the Supreme Court of Canada.
	en.wikipedia.org /wiki/Ford_v._Quebec_(A.G.) (788 words)

	Quebec Charter of Human Rights and Freedoms (Site not responding. Last check: 2007-10-27)
		The Quebec Charter of Human Rights and Freedoms was passed by the National Assembly of Quebec in 1975.
		The Charter of Human Rights and Freedoms is a solid legal framework, superceding all other laws passed by the NationalAssembly.
		The protections contained in the Charter are inspired by the Universal Declaration ofHuman Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and CulturalRights.
	www.therfcc.org /quebec-charter-of-human-rights-and-freedoms-149838.html (249 words)

	FORD v. QUEBEC (ATTORNEY GENERAL), [1988] 2 S.C.R. 712 (Site not responding. Last check: 2007-10-27)
		That is, the specific guaranteed right or freedom to be overridden must be referred to in the words of the Charter and not merely by the number of the section or paragraph in which it appears.
		It is, as the preamble of the Charter of
		In this sense the respondents are asserting a freedom, the freedom to express oneself in the language of one's choice in an area of non-governmental activity, as opposed to a language right of the kind guaranteed in the Constitution.
	www.lexum.umontreal.ca /csc-scc/en/pub/1988/vol2/html/1988scr2_0712.html (18047 words)

	FreeAlberta.com: For An Independent Alberta
		The provinces have been granted power over Section 92(13) "property and civil rights in the province." The architects of the Constitution Act understood the phrase "property and civil rights in the province" as a description of the body of private law that governs the relationships between subject and subject, not government and subject.
		Section 1(a) recognizes "the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law."
		The Nova Scotia Human Rights Act guarantees the freedom to acquire property, but there are no rights to use property, nor is there protection against being deprived of property without due process of law or just compensation.
	www.freealberta.com /property_rights.html (1339 words)

	Canada, Tremblay v. Daigle
		Civil rights -- Provincial human rights legislation -- Right to life -- Father of unborn child obtaining an injunction to prevent mother from having an abortion -- Whether foetus a "human being" under the Quebec Charter of Human Rights and Freedoms -- Charter of Human Rights and Freedoms, R.S.Q., c.
		In light of the treatment of foetal rights in civil law and, in addition, the consistency to be found in the common law jurisdictions, it would be wrong to interpret the vague provisions of the Quebec Charter as conferring legal personhood upon the foetus.
		Finally, there is nothing in the Quebec legislation or case law, to support the argument that the father's interest in a foetus he helped create gives him the right to veto a woman's decisions in respect of the foetus she is carrying.
	www.hrcr.org /safrica/life/tremblay_daigle.html (1109 words)

	Gosselin v. Quebec
		Rather, the right is protected only insofar as the claimant is deprived of the right to security of the person by the state, in a manner that is contrary to the principles of fundamental justice.
		7 rights include a positive dimension, such that they are not merely rights of non-interference but also what might be described as rights of "performance", then they may be violable by mere inaction or failure by the state to actively provide the conditions necessary for their fulfilment.
		Freedom from state interference with bodily or psychological integrity is of little consolation to those who, like the claimants in this case, are faced with a daily struggle to meet their most basic bodily and psychological needs.
	www.chass.utoronto.ca /~sraponi/2615/2615gosselin.htm (9598 words)

	Canadian Charter of Rights and Freedoms. Beaudoin and Mendes. 3rd ed., 1995. Human Rights Research and Education ...
		The Concept of the Charter 1-2 (a) The Constitution Act, 1867 1-3 (b) The Division of Powers 1-3 (c) The Implied Bill of Rights Cases 1-3 (d) International Influences 1-4 (e) The Canadian Bill of Rights 1-5 (f) The Pre-Charter Context 1-6 3.
		Patriation of the Constitution and Adoption 1-7 of the Canadian Charter of Rights and Freedoms (a) The Patriation Reference 1-7 (b) November 5, 1981 and April 17, 1982 1-11 4.
		Freedom of Association 6-9 (a) Collective Bargaining and the Charte 6-11 (b) International Commitments 6-12 (c) Placing Collective Bargaining and the Charter at Arm's Length 6-16 (d) Freedom from Unions 6-22 (e) The Criminal Law 6-25 (f) The Family 6-29 (g) Other Statutory Restrictions 6-30 3.
	www.uottawa.ca /hrrec/publicat/charter.html (1599 words)

	AÉQSA - Association des Échangistes du Québec Swingers Association
		The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
		Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
		Every person is the holder of personality rights, such as the right to life, the right to the inviolability and integrity of his person, and the right to the respect of his name, reputation and privacy.
	www.aeqsa.com /English/charter.htm (902 words)

	University of Minnesota Human Rights Library
		Quebec concludes on this point that Bill 178 strikes a delicate balance between two linguistic communities, one of which is in a dominant demographic position both nationally and on the continent as a whole.
		Furthermore, while Quebec has portrayed the 1982 constitutional amendments as an attack on the French language, it can on the contrary be argued that Section 23 of the amended Charter of Rights and Freedoms has been particularly effective in assisting the francophone population outside Quebec.
		The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it reveal a violation of article 19, paragraph 2, of the Covenant.
	www1.umn.edu /humanrts/undocs/html/359-358-1989.html (6724 words)

	Supreme Court of Canada - Decisions - Ford v. Quebec (Attorney General)
		The material established the importance of the legislative purpose reflected in the Charter of the French Language ‑‑ the enhancement of the status of the French language in Quebec ‑‑ and that it was a response to a pressing and substantial concern ‑‑ the survival of the French language.
		Ireland (1970), 13 Yearbook of the European Convention on Human Rights 792; Case "Relating to certain aspects of the laws on the use of languages in education in Belgium" (1968), 11 Yearbook of the European Convention on Human Rights 832; considered: Re Grier and Alberta Optometric Association (1987), 42 D.L.R. (4th) 327; Valentine v.
		APPEAL from a judgment of the Quebec Court of Appeal, [1987] R.J.Q. (4th) 374, dismissing appellant's appeal from a judgment of Boudreault J., [1985] C.S. (4th) 711, granting in part respondents' application for a declaration that certain sections of the Charter of the French Language are inoperative.
	scc.lexum.umontreal.ca /en/1988/1988rcs2-712/1988rcs2-712.html (7153 words)

	Human Rights Program
		Every person arrested or detained has a right to be promptly informed, in a language he or she understands, of the grounds for his or her arrest or detention, and of the specific offence with which he or she is charged.
		Such a person has a right to immediately advise his or her next of kin, to have recourse to the assistance of an advocate, and to be promptly informed of those rights (sections 28, 28.1 and 29) and brought before the competent tribunal or released (section 30).
		In the Commission's opinion, the social-condition criterion mentioned in section 10 of the Charter of Human Rights and Freedoms refers to the rank, social standing or class that is or may be attributed to a person primarily on the basis of his or her income, occupation and education.
	www.pch.gc.ca /progs/pdp-hrp/docs/iccpr/pq_e.cfm (4981 words)

	Sexual Orientation and Legal Rights (92-1E) (Site not responding. Last check: 2007-10-27)
		Human rights legislation establishes that society considers unequal treatment of certain groups to be unacceptable by setting out a list of characteristics against which discrimination is prohibited, customarily in employment, accommodation and services.
		Human rights advocates thus stressed the importance of including sexual orientation as a prohibited ground of discrimination in human rights laws.
		The religious freedom guarantee in subsection 2(a) of the Charter is sufficiently broad to protect religious officials from state compulsion to perform same-sex marriages against their religious beliefs.
	www.parl.gc.ca /information/library/PRBpubs/921-e.htm (13395 words)

	Charter of human rights and freedoms
		In this respect, the scope of the freedoms and rights, and limits to their exercise, may be fixed by law.
		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.
		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.
	www.canlii.org /qc/laws/sta/c-12/20050513/whole.html (7445 words)

	Case Studies from Canadian Jurisprudence: Applying International Law Domestically - Case Studies from the Supreme Court ...
		In her argument in favor of positive state obligations, Gosselin contended that the International Covenant on Economic, Social and Cultural Rights (the Covenant), which compelled countries to accept this obligation, was applicable domestically and thus had obliged the state to provide a minimal level of subsistence for its people.
		The Canadian Charter of Rights and Freedoms, Schedule B, Constitution Act, 1982 [enacted as Schedule B to the Canada Act 1982 (U.K.) 1982, c.
		Québec Charter of Human Rights and Freedoms, R.S.Q., c.
	www.hri.ca /fortherecordCanada/vol3/casegosselin.htm (1699 words)

	SGM's Analysis of Chaoulli v. Quebec (Attorney General)
		Quebec (Attorney General), a majority of four judges of the Supreme Court of Canada ruled that Quebec’s ban on private insurance for publicly insured health care services violates the Quebec Charter of human rights and freedoms.
		While Justice Deschamps did not directly consider whether Quebec’s ban on private insurance violated the Canadian Charter, it is significant to note that there are indications in her decision that in a future case she might not reach the same conclusion in respect of s.
		The Quebec trial judge had found that the ban on private insurance did not violate the principles of fundamental justice since it was rationally related to preserving the integrity of the public system.
	www.sgmlaw.com /PageFactory.aspx?PageID=488 (2424 words)

	Extracts from the Decision of the Supreme Court of Canada on the Language of Signs in Quebec - Documents on the ...
		In this sense the respondents are asserting a freedom to express oneself in the language of one’s choice in an area of non-governmental activity, as opposed to a language right of the kind guaranteed in the Constitution.
		The recognition that freedom of expression includes the freedom to express oneself in the language of one’s choice does not undermine or run counter to the special guarantees of official language rights in areas of governmental jurisdiction or responsibility.
		The Attorney General of Quebec relied on what he referred to as the general democratic legitimacy of Quebec language policy without referring explicitly to the requirement of the exclusive use of French.
	www2.marianopolis.edu /quebechistory/docs/bill178/2.htm (1389 words)

	Quebec Charter of Human Rights and Freedoms (Site not responding. Last check: 2007-10-27)
		This framework law is part of Quebec Statutes together with other quasi-constitutional laws as the Charter of the French Language.
		The Quebec is one that covers all fundamental human and also some important political social and rights not always protected in western democracies.
		protections contained in the Charter are inspired the Universal Declaration of Human Rights the International Covenant on Civil and Political Rights and the International Covenant on Economic and Cultural Rights.
	www.freeglossary.com /Quebec_Charter_of_Human_Rights_and_Freedoms (247 words)

	cric.ca - Canada's Portal - Quick Guide (Site not responding. Last check: 2007-10-27)
		If your rights have been violated by a private individual, you can seek justice from federal or provincial Human Rights Commissions or Ombudspersons, whose jobs it is to hear, investigate, and resolve human rights violations.
		Within Quebec, support for the right of English-speaking parents to have their children educated in English is at 88%.
		The section that calls for the Charter to be interpreted consistent with the preservation and enhancement of Canada’s multicultural heritage is supported by 86% of the population.
	www.cric.ca /en_html/guide/charter/charter.html (1534 words)

	Untitled Document
		Québec’s Charter of Human Rights and Freedoms recognizes the equality of all individuals and guarantees the right to full and equal exercise of the fundamental freedoms granted by section 10, including freedom of religion.
		In its 1979 brief, the Commission observed, however, that the negative nature of the right to be exempted from religious instruction courses meant that it was insufficient to guarantee the right to freedom of religion and the right to equality based on religion, without discrimination.
		On the contrary, it believes that Catholic schools undertake to respect their students’ freedom of conscience and religion, that their educational project is educational, not religious, in nature, and that it is not a vehicle for specific religious beliefs (1997a, 17).
	www.meq.gouv.qc.ca /reforme/religion/html-ang/ang/text/chapt6-ii.htm (2709 words)

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