Procedure and forms

This section consists of information and documents regarding the procedures of the Human Rights Tribunal. It includes a short description of how to proceed before the Tribunal, a pamphlet which explains the various stages of a file before the Tribunal as well as forms and guides explaining how to fill in the forms.

 

Pamphlet

The Human Rights Tribunal - How to assert your rights

 

Procedure

The Plaintiff must file an Application to Institute Proceedings at the Office of the Court of Québec (the greffe) (s. 114 of the Charter). Within 15 days of filing the Application, the Plaintiff must file a Factum (a brief) in which he/she describes the allegations in greater detail. In the Factum, the Plaintiff sets out his pretensions as well as the means invoked in support thereof (s. 115 of the Charter).

The Clerk of the Tribunal notifies the Factum to the Defendant(s) and to all the other parties, including, for example, any person or organisation involved in the defence of Human Rights and Freedoms and who, according to the Tribunal, has sufficient interest to intervene (s. 116 of the Charter). Within 30 days of receiving notification of the Plaintiff’s Factum, the Defendant(s) and the other parties may produce their own Factum (this is optional) which the Tribunal then notifies to the Plaintiff (s. 115 of the Charter).

The procedures must be filed at the Office (counter) of the Court of Québec in the judicial district where the Defendant lives or has his/her principal business establishment (e.g. head office).

Find the judicial district in which a municipality is located

Find the location of a courthouse

To promote greater accessibility to justice for those not represented by a lawyer, the Tribunal has made available forms for the following procedures: the Application to Institute Proceedings, the Factum, the List of Exhibits and the Cover Page. Guides that explain how to fill in these forms are also available, as well as a form Notice of Contact Information that must be filled out by the Defendant(s).

 

Forms and Guides

Notice of contact information 

 

Plaintiffs

Form 1: Application to Institute Proceedings

Guide for the Application to Institute Proceedings

 

Form 2: Plaintiff’s Factum

Guide for the Plaintiff’s Factum

 

Form 3:  List of Exhibits filed by the Plaintiff

Form 6: Reverse side for Motions

 

Defendants

Form 4: Defendant’s Factum

Guide for the Defendant’s Factum

 

Form 5: List of Exhibits filed by the Defendant

Form 6: Reverse side for Motions