The Rule of Law
The three branches of government and the
rule of law
Access to information and the protection of
personal information
The possibility of challenging
laws
The role of the ministère de la justice
Ethics in the public administration
The public protector and his role
The auditor general
The Commission des droits de la personne
et des droits de la jeunesse and its mandate
The Canadian Charter of Rights and
Freedoms
The Québec Charter of human rights and
freedoms
The Civil Code
Financing of political parties
International
Conventions
Québec is governed by a legal system that establishes the
framework within which individuals, groups and governments conduct
themselves, regulates their relations with one another and defines
their rights and obligations.
Based on the fundamental principles of law, this legal system
finds expression first of all in a constitution, which recognizes
the existence of the legislative branch, the executive branch and
an independent judicial branch, and establishes a division of
powers between the federal and provincial levels.
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.
History and the common will of Quebecers have maintained a
society in which power is exercised in a democratic manner and in
which law takes precedence over force.
The government and the local and regional authorities have the
freedom to make political choices, which the people can approve or
reject in the course of consultations, referendums and elections,
and by any other legitimate means.
But whatever these choices are, they are subject to legality,
which means that law and regulation enactment and administrative
decision-making must be conducted within a legal framework, and
that the courts have the power to ensure that this is so.
Similarly, the relations between the government and the governed
and the exercise of the rights of the one with respect to the other
follow rules and procedures aimed at guaranteeing equity, openness
and impartial treatment by a competent judicial and administrative
system.
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.
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The three branches of government and
the rule of law
The legislative, executive and judicial powers play a
significant role in the promotion of and respect for the rights of
Quebecers.
The National Assembly has enacted several laws to that effect,
some of which are fundamental, such as the “Charter of Human Rights
and Freedoms”, the “Civil Code” and the “Act Respecting Access to
Documents Held by Public Bodies and the Protection of Personal
Information”. It has also set up promotion and control agencies,
such as the Public Protector, the Commission des Droits de la
Personne et des Droits de la Jeunesse and the Commission d'Accès à
l'Information.
The administration comprises many units specifically designed to
guarantee or protect the rights of Quebecers as taxpayers, workers,
consumers and so on, and its decisions that can affect the rights
of individuals are subject to the rules set out in the recently
enacted Act respecting administrative justice.The courts regularly
hand down decisions restoring or upholding the rights of persons
who resort to them.
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Access to information and the protection
of personal information
In Québec, there exists an “Act Respecting Access to Documents
Held by Public Bodies and the Protection of Personal Information”,
under which people can consult the documents held by the government
and benefit from the protection of the personal information
concerning them that the administration holds, in taxation,
medical, educational and other fields. Any person who has been
denied the access requested to such documents can apply to the
Commission d'accès à l'information, which rules on the request. The
Commission's decision is itself subject to review by the
courts.
Access to justice
The Québec government has adopted several measures to promote
access to the courts by Quebecers. It has set up a legal aid
service enabling the economically-disadvantaged to have access to
the services of a lawyer.
Furthermore, the government has created a specialized
administrative tribunal with a simple and inexpensive procedure for
settling differences between the administration and an individual.
In addition, the Fonds d'aide au recours collectif offers financial
assistance to persons in class action suits who wish to assert
rights before the courts, even against the administration.
Lastly, a person who wishes to collect a small debt may apply
directly to the court, without hiring a lawyer, and assert his
rights without having to comply with a complex procedure.
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The possibility of challenging
laws
Any person directly affected by a law can contest its
constitutional validity before the courts. A law that is declared
unconstitutional becomes null and inoperative.
The judicial review of legislation has existed since the birth
of the Canadian Confederation, in 1867. It is exercised in
principle by the ordinary courts or sometimes by the administrative
tribunals. Moreover, the Québec government can refer any matter to
the Québec Court of Appeal for hearing and examination if it
considers it necessary.
The role of the ministère de la
justice
The ministère de la Justice makes sure that public affairs are
administered according to law and taking into account the rights of
Quebecers. To this end, the ministère de la Justice provides legal
services through decentralized units that serve all government
departments, thus directly ensuring that government action complies
with Québec laws. Furthermore, the ministère de la Justice sees to
it that all bills tabled by the government before the National
Assembly, as well as government regulations, policies and
decisions, are in conformity with the “Québec Charters of Rights
and Freedoms”.
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Ethics in the public administration
The Québec public administration plays an important role in
society. It implements a great number of laws and manages public
resources. This requires that the persons through whom it acts
conduct themselves in a highly ethical manner.
To that end, the “Public Service Act” (R.S.Q., c. F-3.1.1)
contains standards of ethics and discipline applicable to public
employees.
Public employees must carry out their duties in public interest,
with honesty and impartiality and while avoiding conflicts of
interest. They must use discretion with regard to anything that
comes to their knowledge in the course of their work, and their
decisions must comply with the charters of rights, that is, not be
based on discriminatory grounds.
Moreover, public employees must show political neutrality in
fulfilling their duties and be reserved in publicly manifesting
their political opinions. Public employees may nevertheless belong
to a political party, like any other Quebecer, and contribute to
its financing according to the rules.
By passing, on March 18, 1997, the “Act to amend the Act
Respecting the Ministère du Conseil Exécutif and Other Legislative
Provisions as Regards Standards of Ethics and Professional Conduct”
(1997, c. 6), the Québec legislator meant to provide for public
administrators not governed by its “Public Service Act” with an
ethical framework that guarantees to Quebecers that these persons
are conducting themselves with probity.
The Public Protector establishes the admissibility of any
complaint lodged with him by an individual.
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The public protector and his role
The Public Protector is a person appointed by the National
Assembly. The Public Protector and his staff (jurists, social
workers and others) do not belong to the Québec public service.
They are absolutely independent from the government.
The Public Protector's role is to look out for and have
corrected any negligence, error, injustice and abuse that Québec
government departments or bodies may have committed.
The law confers on the Public Protector and his staff the powers
necessary to carry out its mandate. The Public Protector submits an
annual report of his activities to the National Assembly and this
report is available to any interested person.
Any person who believes he has been dealt with unjustly by a
Québec government department or body may apply to the Public
Protector. The Public Protector may not, however, intervene with
regard to the federal administration, with bodies such as the
Commission des droits de la personne et des droits de la jeunesse,
or where recourse is available before other authorities.
When a person files a complaint with him, the Public Protector
establishes whether the complaint is admissible, investigates and
makes recommendations to the administration as to how to remedy the
situation. The service is simple, rapid and free of charge.
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The auditor general
The Auditor General is appointed by the National Assembly of
Québec for a ten-year term. He is responsible only to the National
Assembly and reports to it. He is entirely independent from the
administration in his auditing and inquiries.
In Québec, the Auditor General controls the government's
financial administration. He checks whether the collection and
spending of money by government departments, bodies and enterprises
comply with the rules, whether government property is well managed
and whether resources are used effectively.
The Auditor General can examine books and accounts, contracts
and grants awarded, and any document pertaining to government
property.
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The Commission des droits de la
personne et des droits de la jeunesse and its mandate
The mission of the Commission is to ensure that the principles
set forth in the “Québec Charter of Human Rights and Freedoms” are
upheld, that the interests of children are protected and that their
rights as recognized by the Youth Protection Act are respected.
The Commission's independence with regard to the government is
assured by the fact that its members are appointed by the National
Assembly. Every year, the Commission submits a report on its
activities along with its recommendations to the National
Assembly.
Present throughout Québec, the Commission conducts
investigations on request or on its own initiative into any case
pertaining to the violation of the “Québec Charter of Human Rights
and Freedoms” or into any situation where it has reason to
believe that the rights of a child or a group of children have not
been respected. In addition to carrying out its mandates in the
areas of research, information and education, the Commission makes
recommendations to the government when legislative provisions are
contrary to the Charter. It may also make recommendations to the
Ministers responsible for matters concerning young people
The Commission is mandated to lend assistance on request for
devising affirmative action programs established on a voluntary
basis. Under the Québec government's contract compliance program,
it evaluates enterprises that are committed to introducing equal
employment opportunity programs for women, visible minorities and
Native peoples.
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The Canadian Charter of
Rights and Freedoms
The “Canadian Charter of Rights and Freedoms” establishes
various fundamental freedoms, certain democratic rights, mobility
rights, various legal rights, equality rights and certain rights to
receive instruction in the language of the minority.
The Québec Charter of human rights and
freedoms
Adopted by the Parliament of Québec in 1975, the “Québec Charter
of Human Rights and Freedoms” is a quasi-constitutional piece of
legislation since its sections 1 to 38 take precedence over all
other Québec laws, unless explicitly stated otherwise, and since it
binds the State. It applies to the private and public sectors.
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Fundamental rights and freedoms
The fundamental rights and freedoms established by the “Québec
Charter of Human Rights and Freedoms” are :
- The right to life and to personal inviolability and
freedom
- The freedom of conscience, opinion, expression, peaceful
assembly and association
- The right to the safeguard of honour and reputation
- The right to respect for private life
- The right to peaceful enjoyment of property
- The right of inviolability of the home
- The right to professional secrecy
The Québec Charter also protects the right to vote and to be a
candidate in an election.
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Right to equality
The Québec Charter recognizes that all persons must be treated
equally. No person may be the subject of discrimination or
exclusion based on race, colour, sex, pregnancy, sexual
orientation, civil status, age, religion, political convictions,
language, ethnic or national origin, social condition, a handicap
or the use of any means to palliate a handicap, or, in certain
cases, a criminal record.
Protection of judicial rights
Judicial rights are also protected by the Charter. They
include :
- The right to a fair hearing by an independent tribunal and the
right to be tried within a reasonable time
- Protection against deprivation of liberty except on grounds
provided by law and in accordance with prescribed procedure
- Protection against unreasonable search or seizure
- The right to be informed of the offence with which one is
charged
- The right to the presumption of innocence, the privilege
against self-incrimination and the right to silence
- The right to be assisted by a lawyer and interpreter and the
right to a full and complete defence
- The right not to be tried again for an offence of which one has
been acquitted
- The right to the lesser punishment when the punishment for an
offence has been varied between the time of commission and the time
of sentencing
- For a person confined to a house of detention, the right to
treatment appropriate to his sex, his age and his physical or
mental condition
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Economic and social rights
Economic and social rights are also protected, namely :
- Children's right to security
- The right to free public education
- The right for persons belonging to ethnic minorities to
maintain and develop their own cultural interests
- The right to information
- The right to various measures of financial assistance for
persons in need
- The right to fair and reasonable conditions of employment and
equal rights for spouses in marriage
- The right to protection against any form of exploitation for
aged persons and handicapped persons
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The Civil Code
In Québec, persons, the relations between them, and property are
governed by a fundamental law, the “Civil Code” of Québec.
In harmony with the “Québec Charter of Human Rights and
Freedoms” and the “General Principles of Law”, the “Civil Code”
constitutes the general law concerning persons, family,
successions, property, obligations, evidence, prescription,
publication of rights and private international law.
Financing of political parties
For several years now, Québec has had a law that ensures control
of the financing, and sources of income and expenses of political
parties. Only a physical person may contribute to the financing of
political parties. Authorized contributions are small and may not
exceed a maximum annual amount.
In addition, political parties must file an annual financial
report. The various requirements that make their financing more
equitable and more transparent prevent parties and candidates from
being controlled by private and secret financial interests that
dictate their conduct to them.
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International
Conventions
Québec has declared itself bound by many international
(universal or regional) conventions on the protection of human
rights and the supremacy of law. The major ones are :
- The International Covenant on Economic, Social and Cultural
Rights
- The International Covenant on Civil and Political Rights
- The Convention on the Elimination of All Forms of Racial
Discrimination
- The Optional Protocol to the International Covenant on Civil
and Political Rights
- The Convention on the Elimination of All Forms of
Discrimination Against Women
- The Convention on the Civil Aspects of International Child
Abduction;
- The Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment
- The Convention on the Rights of the Child
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