C-12, r. 7 - Regulation of the Human Rights Tribunal

À jour au 1^er septembre 2023

Ce document a valeur officielle.

chapter C-12, r. 7

Regulation of the Human Rights Tribunal

Charter of human rights and freedoms

(chapter C-12, ss. 110, 114 and 115).

CHAPTER I GENERAL

Decision 2023-07-12, c. I.

1. The purpose of this Regulation is to simplify, facilitate and expedite application proceedings before the Tribunal. It must be construed and applied in a manner that will ensure proper case management and efficient processing of cases, within the framework of the proper administration of justice. It completes the rules of proof and procedure set out in the Charter of Human Rights and Freedoms (chapter C-12).

Except as provided in the Charter or in this Regulation, the Code of Civil Procedure (chapter C-25.01) applies, with the necessary modifications, to proceedings brought before the Tribunal.

In a proceeding, a judge of the Tribunal may, in the interests of justice, modify a rule or exempt a party or a person from its application.

Decision 2023-07-12, s. 1.

2. The parties must ensure that their actions, their pleadings and the means of proof they use are proportionate, in terms of the cost and time involved, to the nature and complexity of the matter and the purpose of the application.

The Tribunal must ensure that any stage of the proceeding is in keeping with the same principle.

Decision 2023-07-12, s. 2.

3. The parties are duty-bound to co-operate and, in particular, to keep one another informed at all times of the facts and particulars conducive to a fair debate. They must refrain from acting with the intent to cause prejudice to another person or behaving in an excessive or unreasonable manner, contrary to the requirements of good faith.

Decision 2023-07-12, s. 3.

CHAPTER II OFFICE

Decision 2023-07-12, c. II.

4. The registers, records, orders and judgments related to the proceedings before the Tribunal are kept in accordance with the Regulation of the Court of Québec (chapter C-25.01, r. 9), unless the president gives directives to the contrary where circumstances warrant.

Decision 2023-07-12, s. 4.

5. The pleadings and exhibits are received and recorded, throughout the proceeding, at the office of the Court of Québec in the district where the application is filed.

Decision 2023-07-12, s. 5.

6. The clerk of the Court of Québec of the district where the application is filed maintains a register containing:

(1)  the record number;

(2)  the names of the parties;

(3)  the nature of the application;

(4)  a description and the date of receipt of each pleading, exhibit or document filed at the office of the Court of Québec;

(5)  the date and nature of any decision rendered during the course of the proceeding;

(6)  the date of the hearing;

(7)  the date on which the matter was taken under advisement;

(8)  the reason for closing the file and the date on which it is closed and, where applicable, the date on which a true copy of the decision was sent to the Superior Court;

(9)  the date of filing a leave to appeal and a notice of appeal;

(10)  the date on which the judgment was rendered on leave to appeal and the Court of Appeal’s record number;

(11)  the date on which the record was sent to the office of the Court of Appeal;

(12)  the date on which the record was returned from the office of the Court of Appeal; and

(13)  the operative part of the judgment of the Court of Appeal and the date on which it was rendered.

Decision 2023-07-12, s. 6.

7. The clerk of the Tribunal is chosen by the Minister of Justice among the clerks of the Court of Québec and assigned to the Tribunal.

The clerk verifies that the records are complete and, if they are not, asks the parties to complete them.

The clerk prepares the roll in accordance with the directives given by the president.

Decision 2023-07-12, s. 7.

8. The clerk of the Court of Québec of the district where the application is filed immediately informs the clerk of the Tribunal of all pleadings, exhibits and evidence that have been filed. The clerk of the Court of Québec promptly sends to the clerk of the Tribunal a copy of every document received at the office.

Decision 2023-07-12, s. 8.

9. Subject to the law or an order from a tribunal, any person may consult the registers, records, orders and judgments of the Tribunal at the office of the Court of Québec in the district where the application is filed, in accordance with the provisions of the Regulation of the Court of Québec (chapter C-25.01, r. 9) applicable to the Civil Division.

Decision 2023-07-12, s. 9.

10. The clerk of the Court of Québec sets the indemnity and allowances of witnesses at the request of the Tribunal, the parties or the witnesses themselves.

Decision 2023-07-12, s. 10.

11. The clerk of the Court of Québec homologates or, in case of an opposition, verifies the bill of costs.

Decision 2023-07-12, s. 11.

CHAPTER III PROCEEDINGS

Decision 2023-07-12, c. III.

DIVISION I PLEADINGS AND EXHIBITS

Decision 2023-07-12, Div. I.

12. All pleadings must be legibly written on a letter-format document measuring 21.5 by 28 cm (8 1/2 x 11 inches).

A document that is not on a technology-based medium must be written on one side only.

Decision 2023-07-12, s. 12.

13. The pleading specifies the judicial district, the record number, the names of the parties, the nature or object of the proceeding and the amount in dispute, if any.

Parties’ attorneys specify on a document accompanying the proceeding their name, address, postal code, telephone number, email address, fax number and permanent court number.

Parties that are not represented specify, on a document accompanying the pleading, their name, address, postal code, telephone number and email address and, where applicable, fax number.

Decision 2023-07-12, s. 13.

14. All pleadings are signed by the parties filing them or by their attorneys.

Decision 2023-07-12, s. 14.

15. The allegations contained in a pleading must be clear, precise, and concise, presented in logical order and in separate paragraphs numbered consecutively.

Decision 2023-07-12, s. 15.

16. The parties must file 2 paper versions of the pleadings and exhibits at the office of the Court of Québec in the district where the application is filed.

The parties also send the documents to the Tribunal on a technology-based medium that allows a search by keyword and contains hyperlinks between the table of contents and the proceedings and exhibits.

The Tribunal may request additional copies, in particular where the party cannot send the documents on a technology-based medium.

Decision 2023-07-12, s. 16.

17. An originating application must include:

(1)  the date of the filing of the complaint with the Commission des droits de la personne et des droits de la jeunesse;

(2)  the date of the notification of the Commission’s decision;

(3)  the facts, exhibits and means to be invoked;

(4)  the questions of law at issue; and

(5)  the conclusions sought.

The originating application must be accompanied by a summons, in keeping with the model provided for in Schedule 1, informing the defendant that a defence may be filed and informing the other parties that they may file written observations, within 45 days after the application is served.

After service, these documents are filed at the office of the Court of Québec in accordance with section 114 of the Charter.

Decision 2023-07-12, s. 17.

18. In the case of a substitution in accordance with section 84 of the Charter, the applicant must attach to the application a copy of:

(1)  the Commission’s decision not to seize the Tribunal and the document communicating such decision; and

(2)  proof of the date of receipt of the decision.

Decision 2023-07-12, s. 18.

19. A person to whom the originating application is served must complete a contact information form in keeping with the model provided for in Schedule 2. Within 45 days of the service, the person notifies it to all the parties and files the form at the office of the Court of Québec in the district where the application is filed.

In the case of a change of address, the parties or their attorneys, as the case may be, must complete without delay the change of address form provided for in Schedule 3, notify it to the other parties and file it at that office. They must also send a copy by email to the clerk of the Tribunal.

Decision 2023-07-12, s. 19.

20. Within 45 days of service of the originating application, the defendant may file a defence at the office of the Court of Québec in the district where the application is filed, setting out the following:

(1)  the facts and exhibits to be invoked;

(2)  the questions of law at issue; and

(3)  the conclusions sought;

Within the same time limit, any other party may file written observations at the office of the Court of Québec in the district where the application is filed.

Proof of notification of the defence or observations must be filed at that office.

Decision 2023-07-12, s. 20.

21. At the written request of a party, a judge of the Tribunal may extend the time limits provided for in sections 19 and 20, if the interests of justice so require.

Decision 2023-07-12, s. 21.

22. Where a change is made to a pleading in accordance with the Code of Civil Procedure (chapter C-25.01), the party must underline or indicate the additions or substitutions in the margin with a vertical stroke and all deletions must be indicated with a dotted line between parentheses.

The party files the amended pleading at the office of the Court of Québec in the district where the application is filed.

The same applies where the Tribunal orders a party to clarify a pleading.

Decision 2023-07-12, s. 22.

23. Each page of an exhibit must be numbered and each exhibit must bear the record number and a classification code, made up of a number preceded by an identifying letter specific to each party.

Exhibits and other evidence are listed and identified in a list of exhibits, which bears the record number, the judicial district, the names of the parties and the date. It specifies the nature and the classification code of each exhibit.

Exhibits and other evidence along with the list are disclosed to the other parties as soon as possible, according to the terms and conditions agreed between them.

Decision 2023-07-12, s. 23.

24. Unless the Tribunal decides otherwise to ensure the proper administration of justice, the parties file any additional exhibit and other evidence with an updated list at the office of the Court of Québec in the district where the application is filed, not later than 30 days before the hearing.

The Tribunal may, where warranted by the circumstances, refuse the admissibility in evidence of the exhibits or evidence filed after that time limit.

Decision 2023-07-12, s. 24.

25. References to a statute or a regulation in pleadings must cite the title and reference and the provision referred to.

A party that cites a regulatory or legislative provision other than those of the Charter, the Canadian Charter of Rights and Freedoms (Part I of the Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c. 11), the Civil Code of Québec and the Code of Civil Procedure (chapter C-25.01), provides a copy of the provision to the Tribunal.

Decision 2023-07-12, s. 25.

26. A party that cites jurisprudence or doctrine must produce a book of authorities in keeping with the Directive of the Tribunal.

Decision 2023-07-12, s. 26.

DIVISION II NOTIFICATIONS

Decision 2023-07-12, Div. II.

27. Notifications are made in accordance with the rules of the Code of Civil Procedure (chapter C-25.01).

Authorizations required by the Code are granted by a judge of the Tribunal to ensure the proper administration of justice.

Decision 2023-07-12, s. 27.

28. Proof of the notification of any document must be filed at the office of the Court of Québec in the district where the application is filed.

Decision 2023-07-12, s. 28.

DIVISION III SETTLEMENT CONFERENCE

Decision 2023-07-12, Div. III.

29. At any stage of the proceedings, the president or the judge designated by the president may conduct a settlement conference.

A party may apply by email to the Tribunal for a settlement conference. The president or the judge may also, on their own initiative, recommend to the parties that a settlement conference be held.

Decision 2023-07-12, s. 29.

30. The judge may convene the parties to a conference prior to the settlement conference.

Decision 2023-07-12, s. 30.

DIVISION IV EXPERT EVIDENCE

Decision 2023-07-12, Div. IV.

31. In cases where expert evidence is planned, the parties must agree on a schedule in keeping with the Directive of the Tribunal.

An expert report must be filed at the office of the Court of Québec in the district where the application is filed and notified to the other parties within the time limits provided for in the schedule. The Tribunal may, where warranted by the circumstances, refuse to admit into evidence a report filed after the time limits. A judge may extend the time limits if circumstances warrant.

The report must be accompanied by the expert’s curriculum vitae. If the party claims the expert’s fees as legal costs, the party must attach the invoice for the expert’s fees up to date, including fees to attend the hearing and testify.

Decision 2023-07-12, s. 31.

32. A medical file or an expert report prepared by a physician, a psychologist or a social worker, or any other psychosocial expert report filed in a sealed envelope in the record is kept sealed. The nature of a document thus filed must be written on the envelope.

Only a person authorized by law or an order from a tribunal may have access to the documents.

Access to such documents includes the right to obtain a copy at the person’s expense.

Decision 2023-07-12, s. 32.

DIVISION V PRE-TRIAL APPLICATIONS

Decision 2023-07-12, Div. V.

33. Unless provided otherwise, an application during the course of proceedings is made in writing and notified to the other parties. It is supported by a sworn statement attesting that the facts for which evidence has not been provided in the record are true. The application and proof of notification must be filed at the office of the Court of Québec in the district where the originating application is filed and a copy must also be sent by email to the clerk of the Tribunal.

Such an application may be contested orally.

The application is heard at a date determined by the president or by the judge designated by the president.

Where warranted by the circumstances, a judge may authorize that an application be submitted orally, during a case management conference, a pre-trial conference or the hearing.

Decision 2023-07-12, s. 33.

34. Where a disagreement occurs during the proceedings, a party may bring before the Tribunal an application for a case management which is notified to the other parties and filed at the office of the Court of Québec in the district where the originating application is filed. The party must also send a copy of the application by email to the clerk of the Tribunal.

Decision 2023-07-12, s. 34.

35. The Commission or any party acting for another person, who intends to cease to act, must notify a notice to that effect to all the parties, file it at the office of the Court of Québec in the district where the application is filed and send a copy by email to the clerk of the Tribunal.

The Tribunal then convenes all the parties, including the party that sent the notice, to a case management conference to implement the measures necessary to ensure the proper administration of justice and to protect the rights of all the parties.

Decision 2023-07-12, s. 35.

36. Where a settlement is reached, the parties immediately notify the clerk of the Tribunal. They file without delay a notice of settlement signed by the parties, including the alleged victim, at the office of the Court of Québec in the district where the application is filed.

Decision 2023-07-12, s. 36.

DIVISION VI CALLING OF WITNESSES

Decision 2023-07-12, Div. VI.

37. Each party calls their witnesses to appear before the Tribunal by a subpoena issued by a judge of the Tribunal, a clerk of the Court of Québec or an attorney. The party serves the subpoena at least 10 days before the date on which they are scheduled to attend at court.

If there are urgent circumstances, a judge of the Tribunal or a clerk of the Court of Québec may, by order entered on the subpoena, shorten the service period. The service period cannot be shortened to less than 24 hours.

Decision 2023-07-12, s. 37.

CHAPTER IV HEARINGS

Decision 2023-07-12, c. IV.

DIVISION I MANAGEMENT FOR HEARING

Decision 2023-07-12, Div. I.

38. At any stage of the proceedings, the Tribunal may, on its own initiative or on request, take measures to simplify or expedite the procedure and shorten the hearing. To that end, it may convene the parties to a case management conference.

Decision 2023-07-12, s. 38.

39. If the defendant does not send a defence or contact information notice within the prescribed time limit, the Tribunal convenes the parties to a management conference.

If the Tribunal notes the absence of the defendant during the case management conference, it sends, at least 10 days before the hearing, a notice of hearing to the parties. The notice informs the defendant that, following the hearing, a judgment may be rendered without further notice or delay.

When the presentation of evidence is necessary, the Tribunal may, if the interests of justice so require, agree that the evidence be adduced in the form of sworn statements.

Decision 2023-07-12, s. 39.

DIVISION II SCHEDULING OF HEARING

Decision 2023-07-12, Div. II.

40. During a case management conference, the judge determines the date of the hearing. The Tribunal sends the notice of hearing provided for in section 120 of the Charter.

The Tribunal may proceed with a calling of the provisional roll to determine the date of the hearing.

Decision 2023-07-12, s. 40.

41. An application under section 81 or 82 of the Charter is heard on the date scheduled by the president or the judge to whom the application has been referred.

Decision 2023-07-12, s. 41.

DIVISION III PRE-TRIAL CONFERENCE

Decision 2023-07-12, Div. III.

42. The judge who is to preside over the trial or any other judge designated by the president convenes the parties to a pre-trial conference.

Decision 2023-07-12, s. 42.

43. The purpose of the pre-trial conference includes the following:

(1)  to specify the issues to be argued at the hearing;

(2)  to assess the appropriateness of modifying the pleadings;

(3)  to facilitate the exchange of documents to be produced at the hearing;

(4)  to plan the conduct of the proceeding and the presentation of evidence at the hearing;

(5)  to examine the possibility for the parties of admitting certain facts or agreeing that evidence be made by means of sworn statements;

(6)  to examine any other issue that may simplify the hearing.

The pre-trial conference may also allow the parties to come to an agreement.

Decision 2023-07-12, s. 43.

44. The court clerk enters in the minutes of the pre-trial conference the elements on which the parties agree, and the decisions made. The minutes are added in the record and a copy is sent to the parties.

The agreements and decisions made bind the parties.

Decision 2023-07-12, s. 44.

DIVISION IV POSTPONEMENT OF THE HEARING

Decision 2023-07-12, Div. IV.

45. Any application for postponement must state the grounds in support of it. It is submitted to the president or a judge designated by the president at least 10 days before the date set for the hearing.

The application is granted only on serious grounds. The consent of the parties is not in itself sufficient ground for granting a postponement.

An application for postponement made less than 10 days before the date set for the hearing may only be granted under exceptional circumstances.

Decision 2023-07-12, s. 45.

DIVISION V HEARING, ORDER AND DECORUM

Decision 2023-07-12, Div. V.

46. The hearings of the Tribunal are public.

The president or a judge of the Tribunal may, on their own initiative or on request, make an exception to this principle if public order, in particular the preservation of the dignity of the persons involved, or the protection of substantial and legitimate interests requires that:

(1)  the hearing be held in camera;

(2)  the access to a document or the disclosure, publication or circulation of information and documents be restricted or prohibited; or

(3)  the anonymity of the persons involved be protected.

Decision 2023-07-12, s. 46.

47. A person needing assistance, in particular by reason of illness or disability, must so inform the clerk of the Tribunal as soon as possible to allow the Tribunal to decide on the measures to be taken if necessary.

Decision 2023-07-12, s. 47.

48. If a person is prevented from attending the hearing, a judge of the Tribunal may authorize the person’s participation at a distance using technological means.

Decision 2023-07-12, s. 48.

49. Except in cases where the remuneration of an interpreter is borne by the ministre de la Justice under the Code of Civil Procedure (chapter C-25.01), a party must obtain the services of an interpreter and pay the costs if the party or a witness summoned by the party does not understand the language used at the hearing.

A judge of the Tribunal may not translate the discussions for the parties.

Decision 2023-07-12, s. 49.

50. Hearings of the Tribunal begin at 9:30 a.m., unless otherwise indicated in the notice of hearing or by the judge presiding the hearing.

Decision 2023-07-12, s. 50.

51. Persons present at a hearing must rise when the judge or members of the Tribunal enter the room. They remain standing until the court bailiff asks them to be seated.

When the hearing ends or is suspended, the court bailiff invites the persons present to rise. No person may leave their places until the judge or members have retired.

Decision 2023-07-12, s. 51.

52. At the opening of the session, the court bailiff says aloud:

“Silence! Please rise. The Human Rights Tribunal presided over by the Honourable Judge _______________ assisted by assessors ________________ is now in session.”.

Decision 2023-07-12, s. 52.

53. At the trial, the members of the Tribunal and attorneys wear a black robe, a white shirt, collar and bands, and dark clothing.

The same rule applies to articling students, minus the bands.

During other hearings, the robe is not required. The members, attorneys and articling students must be dressed plainly.

Decision 2023-07-12, s. 53.

54. Every person present in the hearing room must be appropriately attired.

Decision 2023-07-12, s. 54.

55. Any disruption of the decorum and orderly conduct of the hearing is prohibited.

The use of technology in the hearing room must comply with the rules set in the guidelines issued by the chief judge of the Court of Québec.

Decision 2023-07-12, s. 55.

56. The security of the persons present at a hearing is ensured in accordance with the Regulation of the Court of Québec (chapter C-25.01, r. 9).

Decision 2023-07-12, s. 56.

DIVISION VI AUDIO RECORDING AND MINUTES

Decision 2023-07-12, Div. VI.

57. The court clerk must make an audio recording of the hearing. The court clerk ensures, when required by the judge, the operation of any technological means.

Decision 2023-07-12, s. 57.

58. The court clerk draws up the minutes of the hearing using the form of the Tribunal provided for that purpose, on which the court clerk notes:

(1)  the record number;

(2)  the names of the parties;

(3)  the presence or absence of the parties;

(4)  the names of the attorneys, their permanent court number and the party represented or, where applicable, the decision of a party not to be represented;

(5)  the name of the judge presiding the hearing and of the assessors;

(6)  the name of the clerk and of any stenographer;

(7)  the room, date and time of the beginning and end of the session and the position numbers of the recording;

(8)  the names of the interpreters;

(9)  the names and addresses of witnesses and the name of the party calling them to testify;

(10)  the use of technological means with respect to testimony;

(11)  the presence and identification of an interpreter or any other person assisting a party or a witness;

(12)  the classification code and the description of all the exhibits filed;

(13)  the admissions;

(14)  the grounds of the objections to evidence;

(15)  the grounds and conclusions of any decision of the Tribunal during the hearing; and

(16)  the various stages of the proceeding, including the taking under advisement, indicating the time and, where applicable, the position numbers of the recording.

The minutes must also specify the nature of the case and the amount of any claims.

Decision 2023-07-12, s. 58.

CHAPTER V MATTERS UNDER ADVISEMENT

Decision 2023-07-12, c. V.

59. If the record is incomplete at the end of the hearing, the judge hearing the matter informs the attorneys or the parties so that they may complete it within the time limit set by the judge.

No matter may be taken under advisement until the record has been duly completed, unless the judge decides otherwise where warranted by the circumstances.

Decision 2023-07-12, s. 59.

60. An advisement may be suspended at the request of a party or on the judge’s initiative for any reason considered valid.

Decision 2023-07-12, s. 60.

61. The judgment is rendered within the time limits provided for in the Code of Civil Procedure (chapter C-25.01).

The president may extend the time limit of the advisement period or remove the judge from the case where warranted by the circumstances.

Decision 2023-07-12, s. 61.

CHAPTER VI QUARRELSOME CONDUCT

Decision 2023-07-12, c. VI.

62. If a person acts in a quarrelsome manner, a judge of the Tribunal may prohibit the person from making an application or submitting a pleading without authorization of the president. The unauthorized pleading is then deemed not to exist.

A person may not be declared to be quarrelsome without having had an opportunity to present observations.

Decision 2023-07-12, s. 62.

63. The clerk of the Tribunal sends to the ministère de la Justice du Québec the prohibition order for registration in the public register of persons found to be quarrelsome and informs the president.

Decision 2023-07-12, s. 63.

64. A person found to be quarrelsome who wishes to file a pleading must request authorization in writing to the president. The person must attach the order declaring the person quarrelsome and the proposed pleading.

The application may be decided on the face of the documents, without a hearing.

The president or the judge designated by the president rules on the application by considering the proper administration of justice.

Decision 2023-07-12, s. 64.

CHAPTER VII FINAL AND TRANSITIONAL

Decision 2023-07-12, c. VII.

65. This Regulation replaces the Regulation of the Human Rights Tribunal (chapter C-12, r. 6).

Decision 2023-07-12, s. 65.

66. (Omitted in part).

It applies to proceedings pending on that date.

Decision 2023-07-12, s. 66.

Schedule 1

(ss. 114 and 115 of the Charter of human rights and freedoms s. 17 of the Regulation of the Human Rights Tribunal)

SUMMONS

  

Decision 2023-07-12, Sch. 1.

Schedule 2

(s. 19 of the Regulation of the Human Rights Tribunal)

CONTACT INFORMATION FORM

  

Decision 2023-07-12, Sch. 2.

REFERENCES

Decision 2023-07-12, 2023 G.O. 2, 1980