Charter of human rights and freedoms WHEREAS every human being possesses intrinsic rights and freedoms designed to ensure his protection and development; Whereas all human beings are equal in worth and dignity, and are entitled to equal protection of the law; Whereas respect for the dignity of human beings, equality of women and men, and recognition of their rights and freedoms constitute the foundation of justice, liberty and peace; Whereas the rights and freedoms of the human person are inseparable from the rights and freedoms of others and from the common well-being; Whereas it is expedient to solemnly declare the fundamental human rights and freedoms in a Charter, so that they may be guaranteed by the collective will and better protected against any violation; Therefore, Her Majesty, with the advice and consent of the National Assembly of Québec, enacts as follows: PART I HUMAN RIGHTS AND FREEDOMS CHAPTER I FUNDAMENTAL FREEDOMS AND RIGHTS 3. Every person is the possessor of the fundamental freedoms, including freedom of conscience, freedom of religion, freedom of opinion, freedom of expression, freedom of peaceful assembly and freedom of association. 1975, c. 6, s. 3. 4. Every person has a right to the safeguard of his dignity, honour and reputation. 1975, c. 6, s. 4. 5. Every person has a right to respect for his private life. 1975, c. 6, s. 5. 6. Every person has a right to the peaceful enjoyment and free disposition of his property, except to the extent provided by law. 1975, c. 6, s. 6. 7. A persons home is inviolable. 1975, c. 6, s. 7. 8. No one may enter upon the property of another or take anything therefrom without his express or implied consent. 1975, c. 6, s. 8. 24. No one may be deprived of his liberty or of his rights except on grounds provided by law and in accordance with prescribed procedure. 1975, c. 6, s. 24. 24.1. No one may be subjected to unreasonable search or seizure. 1982, c. 61, s. 7. 25. Every person arrested or detained must be treated with humanity and with the respect due to the human person. 1975, c. 6, s. 25. 29. Every person arrested or detained has a right to immediately advise his next of kin thereof and to have recourse to the assistance of an advocate. He has a right to be informed promptly of those rights. 1975, c. 6, s. 29; 1982, c. 61, s. 9. 45. Every person in need has a right, for himself and his family, to measures of financial assistance and to social measures provided for by law, susceptible of ensuring such person an acceptable standard of living. 1975, c. 6, s. 45. 46.1. Every person has a right to live in a healthful environment in which biodiversity is preserved, to the extent and according to the standards provided by law. 2006, c. 3, s. 19. 48. Every aged person and every handicapped person has a right to protection against any form of exploitation. Such a person also has a right to the protection and security that must be provided to him by his family or the persons acting in their stead. 1975, c. 6, s. 48; 1978, c. 7, s. 113. CHAPTER V SPECIAL AND INTERPRETATIVE PROVISIONS 49. Any unlawful interference with any right or freedom recognized by this Charter entitles the victim to obtain the cessation of such interference and compensation for the moral or material prejudice resulting therefrom. In case of unlawful and intentional interference, the tribunal may, in addition, condemn the person guilty of it to punitive damages. 1975, c. 6, s. 49; 1999, c. 40, s. 46. 50. The Charter shall not be so interpreted as to suppress or limit the enjoyment or exercise of any human right or freedom not enumerated herein. 1975, c. 6, s. 50. 50.1. The rights and freedoms set forth in this Charter are guaranteed equally to women and men. 53. If any doubt arises in the interpretation of a provision of the Act, it shall be resolved in keeping with the intent of the Charter. 1975, c. 6, s. 53. 54. The Charter binds the State. 1975, c. 6, s. 54; 1999, c. 40, s. 46. 55. The Charter affects those matters that come under the legislative authority of Québec. 1975, c. 6, s. 55.
Posted on: Sun, 14 Dec 2014 06:15:50 +0000
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