Quebec charter of Human rights and Freedoms - wikipedia Quebec charter of Human rights and Freedoms `` Charter of Human Rights and Freedoms '' redirects here. For the federal charter, see Canadian Charter of Rights and Freedoms. Part of the Politics series on Youth rights Activities Bailey v. Drexel Furniture Co. Child Labor Deterrence Act Children 's Online Privacy Protection Act Convention on the Rights of the Child Fair Labor Standards Act Hammer v. Dagenhart History of youth rights in the United States Morse v. Frederick Newsboys ' strike of 1899 Quebec Charter of Human Rights and Freedoms Wild in the Streets Theory / concepts Adultcentrism Adultism Ageism Criminalization Democracy Ephebiphobia Fear of children Fear of youth Intergenerational equity Paternalism Social class Suffrage Taking Children Seriously Universal suffrage Unschooling Youth activism Youth suffrage Youth voice Issues Age of candidacy Age of consent Age of majority Behavior modification facility Child labour Compulsory education Conscription Corporal punishment Curfew Child abuse Emancipation of minors Gambling age Homeschooling Human rights and youth sport In loco parentis Juvenile delinquency Juvenile court Legal drinking age Legal working age Minimum driving age Marriageable age Minor ( law ) Minors and abortion School leaving age Smoking age Status offense Underage drinking in America Voting age Youth - adult partnership Youth participation Youth politics Youth voting Organizations Americans for a Society Free from Age Restrictions Human Rights and Youth Rights Commission National Youth Rights Association One World Youth Project Queer Youth Network Students for a Democratic Society Freechild Project Three O'Clock Lobby Youth International Party Youth Liberation of Ann Arbor Young Communist League of Canada Persons Adam Fletcher ( activist ) David J. Hanson David Joseph Henry John Caldwell Holt Alex Koroknay - Palicz Lyn Duff Mike A. Males Neil Postman Sonia Yaco Related Animal rights Anti-racism Direct democracy Egalitarianism Feminism Libertarianism Socialism Students rights Youth rights Social movements portal The Charter of Human Rights and Freedoms ( French : Charte des droits et libertés de la personne ) is a statutory bill of rights and human rights code passed by the National Assembly of Quebec on June 27, 1975. It received Royal Assent from Lieutenant Governor Hugues Lapointe, coming into effect on June 28, 1976. Introduced by the Liberal government of Robert Bourassa, the charter followed extensive preparatory work that began under the Union Nationale government of Daniel Johnson. The charter ranks among other quasi-constitutional Quebec laws, such as the Charter of the French Language and the Act respecting Access to documents held by public bodies and the Protection of personal information. Having precedence over all provincial legislation ( including the latter ), the Charter of Human Rights and Freedoms stands at the pinnacle of Quebec 's legal system. Only the Constitution of Canada, including the Canadian Charter of Rights and Freedoms, enjoys priority over the Quebec charter. Contents 1 Provisions 2 Comparison with other human rights instruments 3 Enforceability 4 Notable case law 5 See also 6 References 7 External links Provisions The Charter of Human Rights and Freedoms consists of six parts : Part I defines fundamental human rights. Its six chapters enunciate fundamental freedoms and rights, equality rights, political rights, judicial rights, economic and social rights, and interpretative provisions. Part II establishes the Commission des droits de la personne et des droits de la jeunesse ( Human Rights and Youth Rights Commission ). The commission is responsible for promoting and upholding the principles of the charter by any appropriate measures, including investigating possible cases of discrimination and the instigation of litigation. Members of the commission are appointed by the National Assembly. The commission 's staff members do not belong to the Civil Service, in order to safeguard their independence. Part III provides for affirmative action programs. Part IV guarantees rights to privacy. Part V gives the government regulatory powers. Part VI establishes the Human Rights Tribunal of Quebec, whose members that hold the decision - making power are chosen from among the judiciary. Comparison with other Human rights instruments The 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. Furthermore, the list of prohibited grounds of discrimination included in the Quebec charter is extensive ; a total of fourteen prohibited grounds are enumerated, including race, colour, ethnic or national origin, sex, pregnancy and age. `` Social condition '' has been a prohibited ground of discrimination since the charter came into force. Discrimination based on sexual orientation has been prohibited since 1977 ; with that change, Quebec became the first jurisdiction larger than a city or county to prohibit anti-gay discrimination. In 2016, gender identity or expression was added to the Quebec Charter. Enforceability An illicit violation of the charter, whether by a private party or by the provincial Crown, may give rise to a cease - and - desist order and to compensation for damages. Punitive damages may be awarded in case of an intentional and unlawful violation. The Charter of Human Rights and Freedoms is called quasi-constitutional because, according to section 52, no provision of any other act passed by the Quebec National Assembly may derogate from sections 1 to 38, unless such act expressly states that it applies despite the charter. A total impossibility to adopt derogating laws could be considered incompatible with parliamentary sovereignty, a fundamental principle in political systems following the British tradition ; however, Canada, of which Quebec is a province, has a tradition of constitutional supremacy. Its Constitution, which includes the Canadian Charter of Rights and Freedoms, is supreme, binding the federal parliament and the legislative assemblies of Canada 's provinces and territories. The Quebec charter 's supremacy under its section 52 applies to the following categories of rights : fundamental rights and freedoms ( the right to life, free speech, freedom of religion, the right to privacy, etc. ) ; the right to equality ; political rights ; and judicial rights. Economic and social rights do not enjoy supremacy but, according to the Supreme Court of Canada in the 2002 case of Gosselin v. Quebec ( Attorney General ), failure to respect such a right may give rise to a judicial declaration of violation. The charter provides for a specific machinery in cases of discrimination ( or exploitation of an elderly person or person with a disability ). Instead of introducing litigation in court, victims of such a violation may file a complaint with the Human Rights and Youth Rights Commission. The commission will investigate the matter and attempt to foster a settlement between the parties. It may recommend corrective measures. If those are not followed, the commission may introduce litigation before a court ( usually, but not necessarily, the Human Rights Tribunal ). Victims will be represented free of charge by the commission. The Quebec charter does not apply to federally regulated activities in Quebec. Those are subject to the Canadian Charter of Rights and Freedoms and / or the Canadian Human Rights Act. Notable case law Notable cases decided under the Charter include : Ford v. Quebec ( Attorney General ), ( 1988 ) 2 S.C.R. 712 : Freedom of expression and signs Devine v. Quebec ( Attorney General ) ( 1988 ) 2 S.C.R. 790 : Freedom of expression Tremblay v. Daigle ( 1989 ) 2 S.C.R. 530 : Abortion Godbout v. Longueuil ( City ), ( 1997 ) 3 S.C.R. 844 : Residency requirements Aubry v. Éditions Vice-Versa inc., ( 1998 ) 1 S.C.R. 591 : Privacy rights Quebec ( Commission des droits de la personne et des droits de la jeunesse ) v. Montreal ( City of ) ; Quebec ( Commission des droits de la personne et des droits de la jeunesse ) v. Boisbriand ( City of ), 2000 SCC 27 : Discrimination based on disability ( handicap ) Gosselin v. Quebec ( Attorney General ) ( 2002 ) 4 S.C.R. 429, 2002 SCC 84 : Social rights Syndicat Northcrest v. Amselem ( 2004 ) 2 S.C.R. 551 : Freedom of religion Gosselin ( Tutor of ) v. Quebec ( Attorney General ) ( 2005 ) 1 S.C.R. 238 : Minority language education Chaoulli v. Quebec ( Attorney General ) ( 2005 ) 1 S.C.R. 791 : Health care Mouvement laïque québécois v. Saguenay ( City ), 2015 SCC 16 : State neutrality See also Human rights in Canada Human rights Tribunal of Quebec References Jump up ^ ( 1 ) Jump up ^ Charter of human rights and freedoms External links LegisQuebec : C - 12 - Charter of human rights and freedoms Commission des droits de la personne et des droits de la jeunesse du Québec ( Quebec Human Rights and Youth Rights Commission ) Quebec Statutes and Regulations Retrieved from `` https://en.wikipedia.org/w/index.php?title=Quebec_Charter_of_Human_Rights_and_Freedoms&oldid=850080932 '' Categories : Quebec provincial legislation Human rights legislation in Canada 1975 in Canadian law Children 's rights legislation Political charters 1975 in Quebec 1975 documents Hidden categories : Articles containing French - language text Talk Contents About Wikipedia Français Edit links This page was last edited on 13 July 2018, at 13 : 27 ( UTC ). 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Question: in quebec which bill of rights takes precedence that of quebec or that of canada
Answer: Canada