Quebec Charter of Human Rights and Freedoms
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Quebec new integration plan for immigrants raises concerns
The Quebec government tabled a “divisive” bill that proposes to integrate immigrants into a “common culture,” shelving a longstanding model of interculturalism and inclusiveness in favour of one that leans on assimilation, marking a shift will likely alienate ethnocultural communities rather than foster and strengthen ties to Quebec society, lament critics. Continue reading
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Class actions over COVID-19 certified against Google and Facebook
Two separate but related class actions were recently certified by Quebec Superior Court against tech behemoths Google and Meta for allegedly breaching Quebecers’ freedom of expression by censoring or making content directly or indirectly related to COVID-19 unaccessible. Continue reading
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Soccer club did not discriminate by refusing to integrate girls into a boys’ team
A Montreal soccer club did not discriminate by refusing to integrate two girls into a boys’ team, ruled the Quebec Court of Appeal. Continue reading
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Strip search not discriminatory, rules Quebec Appeal Court
A Quebec Human Rights Tribunal that found that a prisoner had been discriminated against during a strip search because he had been viewed by a correctional services officer of the opposite sex was overturned by the Quebec Court of Appealed a Human Rights Tribunal decision. Continue reading
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Human rights lawyers hail Quebec tribunal’s finding that pension provision is discriminatory
A legislative provision in the Act respecting the Quebec Pension Plan that financially penalizes disability claimants at age 65 was declared unconstitutional because it infringed the right to equality under the Canadian Charter. Continue reading
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Far-reaching decision addresses racial profiling in prisons
The Quebec Human Rights Tribunal ordered the Attorney General of Quebec and eight prison employees to pay a young black man $41,500 in moral and punitive damages in a decision deemed to be a major step forward in the recognition of racial profiling and the duty to accommodate in prisons. Continue reading
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Appeal Court underlines employers do not have a free pass to ask questions to potential employees
A prospective police officer who alleged that the Quebec provincial police force withdrew its pre-employment offer because he has Tourette Syndrome was rebuffed by the Quebec Court of Appeal after it found instead that he was not forthright and did not act in good faith during the hiring process. Continue reading
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Obtaining punitive damages from police remains “high bar”
The challenge for plaintiffs to obtain punitive damages against police was plainly illustrated yet again according to legal experts. Continue reading
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New labour relations legal landscape on the horizon following Appeal Court decision
A new legal landscape governing labour relations may be in the horizon in Quebec following a Court of Appeal decision that found that the provincial Labour Code breached the Canadian and Quebec Charters by prohibiting first-level managers from unionizing. Continue reading
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Mandatory retirement clauses breach Quebec Charter, rules court
Professional services firms that have mandatory retirement policies are discriminatory and in breach of the Quebec Charter, held Quebec Superior Court in a ruling that has the legal community buzzing over its implications. Continue reading