Immigration rules and procedures of Quebec (Part 2)

January 21, 2020 By sadra 0

Immigration rules and procedures of Quebec (Part 2):

Here are the Immigration rules and procedures of Quebec and the values expressed by the Charter of Human Rights and Freedoms. Also, there are essential guides for Quebec immigrants who are going to take Entrance exam, and they want to pass the exam with high scores.

We described Key 1 and Key 2 in Part 1. In Part 2 of this post, we will describe:

Introduction to democratic values and Québeckers’ values as expressed in the Charter of Human Rights and Freedoms

  • Key 3 — Equality between women and men
    • EQUALITY BETWEEN WOMEN AND MEN IN THE COUPLE AND THE FAMILY
    • EQUALITY BETWEEN WOMEN AND MEN IN EDUCATION, THE WORKPLACE, AND DECISION MAKING AND POLITICAL CIRCLES
  • Key 4 — The rights and responsibilities of Quebeckers
    • THE CHARTER OF HUMAN RIGHTS AND FREEDOMS
    • THE RIGHT TO LIFE, AND TO PERSONAL SECURITY AND INVIOLABILITY
    • RESPECT FOR PEOPLE AND THEIR PRIVATE SPACES
    • THE RIGHT TO EQUALITY AND NON-DISCRIMINATION
    • ECONOMIC AND SOCIAL RIGHTS
    • LEGAL RIGHTS
  • Key 5 — Québec is a secular society
    • SECULARISM IN QUÉBEC
  • Conclusion

Key 3 — Equality between women and men

EQUALITY BETWEEN WOMEN AND MEN IN THE COUPLE AND THE FAMILY

During its history, collectively, Québec has improved the equality between women and men, especially in the couple and the family, education, work, and in political and decision-making circles.

The Charter of Human Rights and Freedoms honors equality between the sexes. The rights and freedoms it sets out are guaranteed to men and women in equal way.

Equality between women and men is a fundamental value that is established in Québec society: women and men have the same rights, the same duties, and the same responsibilities in their private and public lives. Today, both male and female Québeckers can:

► Vote in elections;

► Sign contracts;

► Decide to marry and get divorced;

► Have control over their own bodies, and, for women, decide whether or not to have an abortion;

► Decide whether to have children;

► Attend school, college and university;

► Work and receive equal pay for equivalent work;

► Stand for election and become an elected representative or minister;

► Own or manage a business.

Marriage and civil union

Women and men have the right to marry or freely join together with the person of their choice. For both women and men, 18 is the minimum age to marry without getting a court’s approval.

Québec law considers marriage to be the union of two persons, whether they are of different sexes or the same sex.

Bigamous (having two spouses at the same time) and polygamous (marrying multiple spouses) marriages are prohibited. Any person can decide to get a separation or divorce. In the event of divorce, women and men have the same rights and responsibilities.

Family responsibilities

Couples, regardless of their sex and gender, have the same rights, as well as the same responsibilities toward their partner and their children. Management of properties and finances, the selection of a place to live, the children’s upbringing, the choice of values that are important to the family, and rules of conduct are family responsibilities that women and men must share.

Women, in the same way as men, can therefore make important decisions for the couple and the family. For example, the woman has just as much right as the man to choose their child’s name.

Québec society strongly encourages the couple’s equal participation in family activities. Men also take care of children and domestic tasks, just like women.EQUALITY BETWEEN WOMEN AND MEN

In Québec, equality between women and men does not just rely on historical gains; it is constantly evolving. The Québec government strongly supports equality between women and men and continues to take action to advance it.

EQUALITY BETWEEN WOMEN AND MEN IN EDUCATION, THE WORKPLACE, AND DECISION-MAKING AND POLITICAL CIRCLES

Equality between women and men is not just the matter of equality and social justice. It is also a developmental factor for Québec society. The increase in women’s active presence in the labor market and in decision making and political circles contributes to Québec’s economic and social well being.

Québec’s education system supports equality between women and men, as well as gender diversity. Access to the various education and training programs is fair: the admission criteria are the same for everyone. Women can enter programs that are traditionally thought of as male dominated, such as construction, engineering, and flight school.

Similarly, men can enter programs, such as nursing and secretarial programs. Schools must give everyone the same chance to succeed.

Equality in the labor market

Québec wants equality between women and men in the labor market. All employers must make sure they are not differentiating because of gender.

Women have access to the same jobs as men. For equivalent work, women and men are given to the same salary and working conditions.

Women have the same economic independence as men. They can find a job, pay their bills, sign contracts and start a business on their own. A woman can live alone and earn money to meet her needs (shelter, food, clothing, etc.), if that is what she chooses.

Watch the this video, and then you’re gonna find out the importance of equality in labor market:

Equal representation

Québec’s goal is to achieve equal representation of women and men at every decision-making level: local, regional and provincial. All political positions, such as mayor, member of parliament and premier, are open to women. Women are also encouraged to take leadership positions in business. Equal representation is even a legal duty for the boards of directors of state-owned enterprises.

The Québec government has introduced strategies for achieving equality between women and men.

Solutions as well as civil and criminal sanctions have been put in place in the event of non-compliance with gender equality.

Key 4 — The rights and responsibilities of Quebeckers

THE CHARTER OF HUMAN RIGHTS AND FREEDOMS

The Charter of Human Rights and Freedoms is a law that was established by the National Assembly. It sets out, stands for and protects the values of Québec society. It recognizes that everyone is equal in value and dignity and shall receive the same legal protections.

The Charter of Human Rights and Freedoms takes priority over Québec’s other laws and regulations, meaning that all bills passed by Québec’s National Assembly must be in harmony with the Charter.

The Charter is a tool that Québec introduced to develop respect among all Québeckers. Clearly, it aims to support human rights and freedoms and make sure they are respected.

The Charter of Human Rights and Freedoms applies to every person who is in Québec. It also applies to what are known as legal persons, i.e. to groups, organizations, enterprises and the government.

Rights and their limits

The Charter of Human Rights and Freedoms covers different sets of rights:

► Fundamental freedoms and rights

► The right to equality

► Political rights

► Judicial rights

► Economic and social rights

Some of these rights are considered fundamental, because they ensure respect for human dignity and protect the values of freedom and equality.

Fundamental rights include the right to life, to personal security, inviolability and freedom, and to their private life.

They also protect freedom of conscience, religion, opinion, expression, peaceful assembly and association.

Fundamental rights are applied in society, so there are certain limits to their application. They must not conflict with the following principles:

► Democratic values

► State laicity (or secularism)

► Public order

► The well-being of the citizens of Québec

For example, in Québec, smoking is prohibited inside public places and within nine meters of their doors. The Québec State believes public health and well-being are more important than any person’s right to smoke. For this reason, it limits and regulates the right to smoke in public places.

In Québec, the rights and freedoms of each person are inseparable from those of others and from the common well-being

THE RIGHT TO LIFE, AND TO PERSONAL SECURITY AND INVIOLABILITY

In Québec, every person has a right to security and protection of their life. The use of force to interfere with someone’s right to life, inviolability or freedom is prohibited. The right to a person’s private life is also protected. Public authorities have established police, fire, and health and social services to protect citizens.

Under the Charter of Human Rights and Freedoms, any person whose life is in danger has the right to assist. This also means that, unless the situation involves danger to themselves or someone else, every person must come to the help of anyone whose life is in danger.

If a person witnesses an accident or sees that someone is injured, they must contact emergency services and stay with the injured person until help arrives.

Every person also has a right to inviolability. In Québec, any act meant to physically, psychologically or emotionally harm someone is prohibited.

Such acts include physical punishment with an object, punishment that can cause injury, and sexual and psychological harassment. The physical and psychological inviolability of the whole person, adult or child, is therefore protected.

Non-violence in Québec

Non-violence is very important to Québec society. It is related to all areas of public and private life in Québec.

Non-violence therefore applies within families, spousal relationships, and relationships between parents and children, as well as interactions with neighbors, business people, and State representatives and employees.

For example, sexual violence is prohibited in both public and private life. Any person who commits a non-consensual sexual act considered unacceptable against a spouse or any other person interferes with their right to physical and psychological inviolability.

Physical violence also interferes with the right to life and to personal inviolability and security.

In Québec, victims of physical violence in their private or public lives may file(express legally) a complaint with police.

RESPECT FOR PEOPLE AND THEIR PRIVATE SPACES

Respect for people and their private spaces is significant in Québec, which is why the Charter of Human Rights and Freedoms protects every person’s dignity, honor, reputation and private life. Any person whose words or acts interfere with these rights may face legal consequences.

For example, offending someone by insulting their appearance contravenes this right.

In Québec, every person has a right to the protect their dignity. Every person must be treated with respect and dignity.

Every person has a right to respect for their honor and reputation. This right protects everyone against words, gestures or actions that could interfere with their honor or their reputation. expressing or publishing false or misleading information about someone is therefore prohibited, as doing so can harm their reputation. For example, making an accusation against someone without proof for the purpose of harming them is prohibited.

The right to private life

Every person has a right to respect for their private life. This right makes sure that privacy is protected. Certain types of personal information must not be accessible or made public without the permission of the person concerned.

Information related to a person’s health, family and love life, sexual orientation, gender expression or identity, as well as a person’s image and contact information are protected by this right.

For example, when someone signs up for an activity or fills out a form, they may decide to protect some of their personal information and only answer the questions they think is relevant.

Respect for private life also means not revealing the personal information or sharing images (e.g. photos, videos) of others without their authorization. For example, publishing, broadcasting, sharing, distributing and making accessible intimate images of another person without their consent is prohibited.

The right to respect for private life also means that workers can refuse to answer personal questions from their employers or colleagues that are unrelated to their jobs.

Respect for private life protects the right to make fundamental personal decisions without pressure from others.

It also encompasses the inviolability of the home. Trespassing is prohibited, as is entering someone’s home or taking something from it without their permission. Under certain exceptional conditions—for example, to stop someone from being seriously injured or killed—a police officer may go into a home without a person’s permission.

In Québec, a person’s private space is respected and generally remains private, unless that person gives someone permission to enter it.

THE RIGHT TO EQUALITY AND NON-DISCRIMINATION

Québec strongly supports the right to equality for everyone in its territory. All human beings are equal in worth and dignity, regardless of their personal characteristics or traits as set out in the Charter of Human Rights and Freedoms, including race, color, sex, gender identity or expression, pregnancy, sexual orientation, civil status, age, religion, political convictions, language, national origin, social condition and handicaps.

Discrimination

The right to equality provides protection against discrimination, which occurs when the following three conditions are present:

  1. A distinction, exclusion or preference exists relative to others.
  2. This distinction is based on the personal characteristics listed in the Charter of Human Rights and Freedoms.
  3. The distinction, exclusion or preference undermines the equal exercise of rights and freedoms for the person concerned.

Discrimination is prohibited in all areas of daily life, including employment, housing, and access to businesses and public spaces.Discrimination is prohibited

Here are some examples of discrimination:

► Denying a service or refusing employment to someone because they are homosexual

► Refusing employment to someone because they are divorced and have children

► Denying access to a public place or business to a person with a disability

► Refusing to rent an apartment to a couple with children

► Paying a lower wage to someone because they were not born in Québec

► Refusing to promote someone because of the race-related matters.

► Firing someone because of their pregnancy

Harassmentharassment prohibited

All forms of harassment are prohibited. Harassment can be physical or psychological. It can involve hurtful remarks, threats or insults. Harassment can also include assaults, or writing or drawings on a wall (graffiti). Here are some examples of discriminatory harassment:

► Someone’s car is damaged with hateful images because of their religion.

► An employer makes repeated comments about an employee’s skills on the basis of their sex.

► A passer-by threatens someone because their wheelchair is preventing others from walking quickly.

► Someone frequently threatens a neighbor when they see each other, on the basis of color.

► Someone posts rude comments about a colleague online because of their age.

► A manager makes hurtful comments about an employee’s looks.

Anyone who believes they have been a victim of discrimination can file a complaint with the Commission des droits de la personne et des droits de la jeunesse or have recourse to the courts, such as the Court of Québec or the Superior Court.

ECONOMIC AND SOCIAL RIGHTS

In Québec, economic and social rights are included in the Charter of Human Rights and Freedoms. Collective solidarity, or helping those who need it, is a central value in Québec society.

Economic and social rights relate to a number of aspects of life, including the protection of children, seniors and people with disabilities, as well as education, the cultural interests of ethnic minorities, access to information, financial assistance and working conditions.

Children’s rights

All children have a right to the protection, security and attention that their parents are capable of providing. Parents are responsible for protecting their children and ensuring their well-being, safety, education and development.

Parents must therefore provide for their children’s safety. For example, a parent who leaves a young child alone in a car without care could be considered to have failed to ensure that child’s safety.

A child’s right to the protection, security and attention that their parents are capable of providing applies to their education as well.

Children and teenagers under 18 years of age in the territory of Québec are protected under the following:

► Charter of Human Rights and Freedoms

► Convention on the Rights of the Child

A young person who is the subject of a report or who is taken in charge by the director of youth protection is also protected under the following:

► Youth Protection Act

The situation of a young person who has broken a federal law or committed an offence under a provision of the Criminal Code is dealt with under the following:

► Youth Criminal Justice Act

A few economic and social rights

Here are some other examples of economic and social rights:

► Seniors and people with disabilities have a right to protection against any form of exploitation. Their families must also make sure their protection and security. If a senior or a person with a disability tells you they have been the victim of exploitation, you can file a complaint in order to have their rights protected. Similarly, if you are worried about an elderly person’s safety, you can express your concerns with their family members or social services to make sure that person’s protection.

► Everyone has a right to conditions of employment that have proper regard for their health, safety and physical well-being. Indeed, every employer must make sure that the work environment is safe and free of dangers that could put employees’ physical integrity in danger.

► Every person has a right to measures of social and financial assistance.

The right to live in a healthful environment

Economic and social rights also include the right to live in a healthful environment in which biodiversity is preserved. Biodiversity refers to the variety of life on Earth (the different species, their living environments, etc.).

This right means that everyone in Québec contributes to environmental protection, including the State and businesses.

The people of Québec are then encouraged to take on certain responsibilities by performing actions like the following:

► Sorting waste, recycling and composting food

► Using environment-friendly or reusable bags

► Protecting resources, by not wasting drinking water for example

LEGAL RIGHTSLegal rights in Quebec

 

The Charter of Human Rights and Freedoms protects people in every area of society, including the justice system. In Québec, people who are prosecuted or accused of a crime also have rights under the Charter. These are referred to as judicial rights.

They protect people when they are arrested by the police. People have the right to know the grounds and the reasons for their arrest and the specific offence they are being accused of.

Police officers may not search a person or a home without a warrant issued by a judge, unless, for example, they have reasonable grounds to believe that someone’s health or safety is at risk.

Furthermore, every person arrested has a right to guide their loved ones and to have the services of a lawyer. Lastly, the authorities must treat any person arrested with humanity and respect.

Rights at trial

The Charter of Human Rights and Freedoms also includes a number of rights protecting people who go to trial. For example, everyone has the right to a fair and impartial trial when they are accused of a crime or prosecuted.

Anyone accused of a crime is presumed innocent until proven guilty. They have the right to represent themselves or to be represented by a lawyer.

They also have the right to remain silent during their trial, which means they are not forced to testify against themselves.

In Québec, judicial rights guarantee respect for persons and the protection of their moral and physical integrity.

 

Key 5 — Québec is a secular society

SECULARISM IN QUÉBEC

The decisions and actions of the Québec State and its institutions are independent from religious authorities. This has not always been the case. The Catholic Church played a significant role in the history of Québec, especially in health and education.

In the 1960s, the influence of religion on Québec’s collective life began to decrease. Gradually, Church-run institutions became secular.

The secularism of the State is based on the separation of religion and the State, its religious neutrality, the equality of all citizens, and freedom of conscience and religion. For example, your faith and that of hospital staff have no impact on how quickly you receive care.

In Québec society, freedom of conscience and religion are fundamental values. Each person has the right to apply and express their religious beliefs. Religion is one of the prohibited grounds of discrimination and harassment in Québec.

Secularism of the State

The secularism of the Québec State ensures the equality of all people, regardless of their beliefs or their religion. In 2019, Québec took another step in its historic evolution to reinforce laicity by adopting the Act respecting the laicity of the State. This Act introduces a framework for the secularism of the Québec State that takes into account its history, social values and particular nature.

It also sets out rules on how the value of secularism plays out in the public domain in Québec. For example, since March 27, 2019, it prohibits the wearing of religious symbols at work by certain people in positions of authority, including new police officers, new criminal and penal prosecuting attorneys, and teachers in public primary and secondary schools.

However, people wearing religious symbols who were hired before March 27, 2019 may continue to wear them, provided they hold the same position within the same organization.

Moreover, for identification and security reasons, persons receiving certain government services must have their faces uncovered. Likewise, government staff must provide services with their faces uncovered.

Québec is the only State in North America to have made secularism a part of its laws. State secularism is enshrined in the Charter of Human Rights and Freedoms

Conclusion

To integrate into a new society, you must make a long-lasting commitment to showing that you want to join and fully participate in collective life, in this case in French. Translating this commitment into action means using the francization and integration services that the government makes available to you, free of charge.

Sample assessment questions

The learning assessment for which you have prepared by reading this guide is made up of short questions in the form of statements, true or false questions and situation scenarios.

Here are five sample questions that may be included in the assessment of what you’ve learned about the democratic values and Québec values expressed in the Charter of Human Rights and Freedoms.

-In Québec, women and men have the same rights, and equality between them is included in the Charter of Human Rights and Freedoms.

• True
• False

-Which of these illustrations represent people who have the right to get married in Québec?

• [Illustration of 2 men]
• [Illustration of 2 women and 1 man]
• [Illustration of 2 women]
• [Illustration of 1 man, 1 woman]
• [Illustration of 2 men and 1 woman]

-Identify the situations where discrimination is occurring. Refusal to hire:

• A woman because she is pregnant.
• A person because they do not have the required diploma.
• A person because of their ethnic origin.

-Since March 27, 2019, under the Act respecting the laicity of the State, new police officers are prohibited from wearing religious symbols in the exercise of their functions.

• True
• False

-Which is the official language of Québec?

• English
• Spanish
• French
• French and English