Procedures
The plaintiff must file an application introductive of suit at the office of the Court of Québec in the district where the person on whom the conclusions may be imposed has her domicile or, where that is not possible, her residence or principal business establishment (section 114). Within 15 days of the filing of the application, the plaintiff must file a factum setting out his pretensions (section 115).
The clerk of the Tribunal serves the factum on the parties, which may include, in addition to the defending party, a person or organisation active, for instance, in defending human rights and freedoms, if the Tribunal is satisfied that she has a sufficient interest to intervene (section 116). Within 30 days of the service of the factum, the defending and interested parties may (but are not obliged to) file their respective factums, in which case the Tribunal will serve them on the plaintiff (section 115).
Upon expiry of the time limits for filing proceedings, the clerk of the Tribunal sets the date of the hearing, after consulting the various parties (section 120). All parties are entitled to representation by counsel.
Like any other court of justice of first instance, the Human Rights Tribunal hears full evidence, brought by witnesses for each party, and disposes of the parties' claims in a judgment with reasons. Subject to the exceptions expressly provided for in the Charter, the Tribunal is not required to comply with the special rules of evidence applicable in civil matters. Provided it is bound by the general principles of justice, it may admit any evidence that is useful and relevant to an application and allow any means of proof (section 123). The Code of Civil Procedure serves only in an accessory way, and the Tribunal reserves its right to adapt it as required to ensure more flexible handling of each case (section 113).
The decisions rendered by the Tribunal become executory when they are filed in the office of the Court of Québec in which the application was filed, or when they are homologated by the Superior Court (section 130). It is possible to appeal from a final decision of the Tribunal before the Court of Appeal of Québec with leave from one of the judges thereof (section 132).
