On July 12, 2023, the Human Rights Tribunal of Québec adopted a new set of regulations under the Charter of Human Rights and Freedoms (chapter C-12), aimed at improving the efficiency and effectiveness of its proceedings. This new regulation replaces the previous version from December 17, 2015, and is designed to facilitate a smoother judicial process while ensuring justice and fairness among parties involved in human rights cases.

The primary goal of the regulation is to simplify and expedite application proceedings, emphasizing proper case management and aligning with principles of justice administration. Alongside the Charter’s provisions, the Code of Civil Procedure also applies, allowing judges to modify rules when necessary for justice. Key obligations are placed on parties to ensure their actions and claims are proportionate in cost and complexity, fostering cooperation and transparency throughout the process.

The administrative framework governing records, pleadings, and exhibits associated with cases in the Tribunal is outlined in the second chapter. It establishes protocols for maintaining a comprehensive register of all proceedings and mandates that all filings occur at the appropriate Court of Québec office. The clerk plays a vital role in managing records, verifying their completeness, and facilitating communication among parties and the Tribunal. Accessibility to these records is provided to any interested party, reinforcing transparency.

Chapter III focuses on proceedings, detailing requirements for pleadings and exhibits, which must be clear and well-structured with specific format and content guidelines. Parties are required to submit both paper and digital copies of all documents, adhering to strict presentation and disclosure standards. Notifications of documents must comply with established rules to ensure that all parties remain informed about the proceedings. Additionally, settlement conferences can be initiated by either party or the Tribunal to promote resolution before a full hearing, offering a potentially less adversarial approach. When expert testimony is necessary, parties must coordinate schedules and provide timely expert reports, including necessary qualifications and fee documentation.

Applications for rulings during proceedings must be documented and notified to all relevant parties, ensuring a structured approach to managing disputes. Witnesses are summoned through official subpoenas, with specific timelines established for their notification.

Regarding hearings, the changes grant the Tribunal authority to streamline processes and set timelines to ensure efficient use of court resources. If a defendant fails to respond timely, the Tribunal can proceed with hearings and render decisions based on available evidence. Case management conferences are held to establish hearing dates, with provisions for expedited hearings under certain conditions. Pre-trial conferences aim to clarify issues for trial, facilitate document exchange, and consider evidence presentation, further streamlining the process.

Quebec (chapter C-12) August 2, 2023