Guiding Principles of Interpretation
Through its very specific jurisdiction, the Human Rights Tribunal belongs to a much broader forum of specialized institutions whose aim is to ensure the increased effectiveness of human rights nationally, regionally and internationally.
The provisions of the Charter relating to the Tribunal (sections 100 et seq.) actually came into force on the anniversary date of the adoption, on the 10th of December 1948, of the Universal Declaration of Human Rights by the United Nations' General Assembly. What is more, as the constituent legislation of the Tribunal, the Charter includes a diversity of rights that is unequalled in human rights law in Canada and that, in fact, essentially reflects its close kinship not only with the Universal Declaration, but also with such international instruments of human rights as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
It is also important to underscore the appreciable scope of the Charter's prohibition against discrimination, which is demonstrated in Québec law by applying the same conditions as the ones provided for in the European Convention for the Protection of Human Rights and Fundamental Freedoms. In addition to the chapter specifically devoted to the right to equal recognition and exercise of rights and freedoms (sections 10 to 20.1), the Charter provides that the right to equality concerns all spheres of activity that are subject to specific rights, namely fundamental freedoms and rights (sections 1 to 9), political rights (sections 21 and 22), judicial rights (sections 23 to 38) and economic and social rights (sections 39 to 48).
Further, insofar as they largely inspired the wording and structure of the Charter, international instruments in human rights law remain entirely relevant and persuasive as sources of interpretation. Consequently, the Tribunal interprets the Charter in light of principles which, having found favour with the international community as a whole or in given regions, are no less essential as references in Canada or Québec.
Indeed, this is what makes respect for human dignity an interpretative principle of the highest importance. Human dignity is not simply the subject of a fundamental right expressly recognized in one of the Charter's provisions (section 4); on a higher level, it is a principle at the heart of all the rights and freedoms the Charter guarantees (preamble). Insofar as "recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world", as the Universal Declaration of Human Rights states, it is indispensable to ensure that human dignity has a paramount role in the interpretation of the rights protected by the Charter and of interference with those rights.
In addition, the Tribunal favours a broad and liberal interpretation of the Charter, one that essentially promotes the fulfilment of its purpose. The Charter, like the Canadian charter of rights and freedoms, is a fundamental law that takes precedence over any incompatible provision of other laws, whether or not they existed before it (section 52).
It follows that exceptions whereby the rights set out in the Charter can be derogated from must be given a restrictive interpretation. If a doubt arises in the interpretation of a provision, it is resolved in keeping with the intent of the Charter (section 53). This approach gives the Charter the dynamic quality needed to take adequate account of change in the society it is meant to serve and thereby ensure that the values and rights set out in the Charter are effectively protected.
