Functioning
Any person wishing to institute proceedings before the Tribunal because she believes she has been the victim of discrimination, harassment or exploitation prohibited by the Chartermust first file a complaint with the Commission des droits de la personne et des droits de la jeunesse (section 74).
The Commission will determine whether the complaint is admissible and, if it is, proceed with a non-adversary investigation. It will then exercise its discretion and decide whether or not the matter should be brought before a tribunal. In the affirmative, the Commission will file an application on behalf of the complainant, before the chosen court (section 80). When the Commission decides not to pursue a remedy for his benefit, the Charter provides that a complainant can come before the Human Rights Tribunal at his own expense (section 84). However, in a leading decision, the Québec Court of Appeal considerably limited the scope of the individual remedy before the Tribunal by deciding that a complainant may not submit an application to the Tribunal unless the Commission has concluded that the complaint is founded, but has nevertheless decided not to institute judicial proceedings.
The Tribunal functions according to a special set of rules of proof and procedure that enable it to render justice effectively and expeditiously (sections 114 et seq.). A complement to those rules is provided by the Rules of Procedure and Practice of the Human Rights Tribunal, adopted by the president with the assistance of the majority of the other members (section 110).
Out of a concern for access for all, the Tribunal sits in all judicial districts in Québec (section 119).
