History

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History

When Québec's Charter of human rights and freedoms came into force, the 28th of June 1976, the chief responsibility of the Commission des droits de la personne was to promote and uphold the rights and freedoms the Charter guarantees (section 71). To that end, the Commission mainly investigated complaints of discrimination and decided whether they were founded. It also provided for meditation between the parties and submitted recommendations for settling disputes. If it was not satisfied that its recommendations were being adequately followed, the Commission could submit a dispute to a competent court of justice.

On the 14th of June 1988, the Committee on Institutions of the National Assembly filed a report highlighting the difficulties related to the Commission's double mandate and pointing out how slow and unwiedly the process set in motion with the filing of a complaint was. The report proposed the creation of a specialized tribunal that would be responsible for ensuring respect for some of the rights set out in the Charter and that would have the power to make executory orders to end violations of those rights.

Major amendments to the Chartercame into force on the 10th of December 1990, creating the Human Rights Tribunal. The legislator's objective at the time was, in particular, to ensure greater access to justice and greater efficiency in adjudication in the areas within the Commission's sphere of investigation.