Rights and Protections

(Commission des droits de la personne et des droits de la jeunesse, 2023)

In Québec, there are laws and charters that protect you and allow you to exercise your rights and freedoms while respecting others and society’s overall well-being, particularly the Charter of Human Rights and Freedoms. 

In Québec, personal information is kept confidential. This means that the people at the organizations you interact with cannot share any information you give them unless they have your permission to do so.

(Cleveland et al., 2021; Collectif Bienvenue, 2023; Commission canadienne des droits de la personne, 2022; Commission des droits de la personne et des droits de la jeunesse, 2023; Services juridiques de Pointe-Saint-Charles et Petite-Bourgogne, 2017)

Discrimination is when someone treats you negatively compared to others. You have the right to be protected against discrimination. In Québec, there are specific laws that protect you from discrimination based on your:

• Skin colour
• Immigration status
• Place of origin
• Language
• Accent
• Religion
• Culture
• Sex and/or gender (for example, being a woman)
• Gender identity (for example, being trans)
• Sexual orientation (for example, being gay)
• Disability
• Marital status (for example, being single)
• Pregnancy
• Age (except as provided by law)
• Political convictions
• Economic status
• Etc.

Here are a few examples of situations that can arise in cases of discrimination (they may also occur for other reasons): being turned down for housing, being turned down for a job, losing your job, being denied access to certain services, etc. 

If you experience discrimination or your rights are not respected, the following authorities can help you:

You can also speak to your host organization or sponsorship group for help with the process. 

Filing a complaint will not affect your immigration status or the refugee claim process.

In Québec, many forms of violence are illegal and can be punished by sanctions. Situations of violence and abuse can occur with different people (a spouse, a family member, a colleague, the property owner, etc.) and in different contexts.

(Gouvernement du Québec, 2023m)

Here are some examples of what is considered violence under Québec law. 

(Collectif Bienvenue, 2023h)

If you experience violence, you can talk to a community counsellor, a health professional and/or the police. 

You can also consult these resources:

If you experience abuse or violence related to sex work, you can ask the organization Stella for help:

If you experience violence against you, the police can help you get to safety. In Québec, the police are required to protect everyone, regardless of their origin or immigration status. However, the police can report a person without legal status to the CBSACanada Border Services Agency . The person then risks being deported.  

You can contact the police by calling 911 or by going directly to a police station.

(Collectif Bienvenue, 2023h; Éducaloi, s. d.; IRCCImmigration, Refugees and Citizenship Canada , 2020a; MSSSMinistère de la Santé et des Services sociaux , 1998)

If you need to leave your home, you can get help and be accompanied to a shelter. Your children are protected by law in the event of domestic violence. They can come with you to shelters, if needed. Resources offer free and confidential support services.

If you miss days of work because you experience domestic or sexual violence, you are entitled to time off. Additionally, it is illegal for your employer to fire you for this reason. 

For more information, contact the CNESSTCommission des normes, de l’équité, de la santé et de la sécurité du travail :

(Directeur de l’état civil, 2022; Éducaloi, 2023; Gaignaire, Anne, 2013; Gouvernement du Québec, 2023a; Justice Québec, 2021)

You have the right to marry or have your union recognized, regardless of your immigration status. 

In Québec, a union between two people can be recognized by marriage, civil union or common-law union.

(Centres de justice de proximité, 2023; Éducaloi, s. d.; Gouvernement du Québec, 2019; JuridiQC, 2023; TCRITable de concertation des organismes au service des personnes réfugiées et immigrantes , 2021; Régie de l’assurance maladie, s. d.; Retraite Québec, s. d.)

Family mediation can be useful for separated spouses with children. This is a mandatory process if parents wish to take legal action. For more information: Family mediation | Gouvernement du Québec 

There are also community justice centres in many regions of Québec. These centres offer legal information, support and guidance, particularly for couples who are separating.

You may also need a lawyer or notary to help you with your separation. See Access to a lawyer and other legal resources in the Read This Information First section.

If you and your ex-spouse rent an apartment, you will not be able to end your lease immediately unless you come to an agreement with the property owner. However, you may be able to sublet your apartment or assign your lease to a new tenant before your lease ends.

If you are separating because of domestic violence or sexual assault, you can end your lease. The process can take up to two months.

When you separate, your marital status changes officially, but not automatically. You must report your change of marital status:

• To Québec institutions (primarily the RAMQRégie de l’assurance maladie du Québec , Revenu Québec and Retraite Québec for family benefits),
  When a couple separates | Gouvernement du Québec
• To Canadian institutions like the Canada Revenue Agency, Update your CRA information – Change your marital status | Government of Canada
• To the immigration authorities, i.e., IRCCImmigration, Refugees and Citizenship Canada and the MIFIMinistère de l’Immigration, de la Francisation et de l’Intégration (du Québec) . Talk to your lawyer about the impact of this change in marital status on your refugee claim process.

You may have additional steps to take depending on who has custody of the children, particularly for family benefits. 

It is very important to inform government authorities and the school or daycare centre of your custody arrangements.

You must also report your change of address, if any, to various government institutions. See Change of address and contact information in the Read This Information First section.

Changing your marital status has no impact on your health coverage. 

In Québec, prescription drug coverage is mandatory. If you are covered by your ex-spouse’s private plan, make sure to register for other prescription drug coverage with the RAMQRégie de l’assurance maladie du Québec , the IFHPInterim Federal Health Program or a private plan. See the Health Care section for more details.

(Gouvernement du Québec, 2018, 2023q; MSSSMinistère de la Santé et des Services sociaux , 1998; TCRITable de concertation des organismes au service des personnes réfugiées et immigrantes , 2021)

In Québec, children’s rights are protected by the Youth Protection Act, regardless of their immigration status. The Director of Youth Protection (DYPDirector of Youth Protection ) is responsible for enforcing this law. 

The DYPDirector of Youth Protection has a clear mandate, which is to protect children in situations of abandonment, neglect, psychological ill-treatment, sexual abuse, serious behavioural disturbances or physical abuse. If a child is in one of these situations, the DYPDirector of Youth Protection may intervene in a number of ways. 

The role of the DYPDirector of Youth Protection is not always well understood by children or parents. Just because the DYPDirector of Youth Protection contacts you does not mean your child will be taken away from you. There are many steps that the DYPDirector of Youth Protection goes through. Placing a child in foster care is a last resort.

Anyone who believes that a child’s safety and development are in danger can report this to the DYPDirector of Youth Protection . Corporal punishment (slapping, beating with a stick or belt, etc.) is prohibited in Canada under all circumstances.

For other means of discipline or for general support with family life and children, see these resources:

(AGIR Montréal, 2023; Collectif Bienvenue, 2023g)

(Directeur de l’état civil, 2023a, 2023c; Gouvernement du Canada, 2023b)

To change your sex and/or gender identifier with IRCCImmigration, Refugees and Citizenship Canada and the Government of Québec, you DO NOT need to:

• Be a permanent resident
• Provide proof of your sexual identity 
• Have had gender-affirming surgeries

After one year in Québec, you can apply to change your sex and/or gender identifier with the Directeur de l’état civil. You can also change your first name if you wish.

1. You must first apply to have your act of civil status entered in the Québec register of civil status. To do this, you will need your birth certificate. See here for complete instructions: Insertion of an act made outside Québec into the Québec register of civil status This step can be complicated if you do not have a birth certificate. Ask AGIR Montréal for help.
2. You can then apply to change your sex and/or gender identifier. You must submit proof of address dated within the last 12 months and proof of your current address along with your application. See here for complete instructions: Change of sex designation – Directeur de l’état civil

(Directeur de l’état civil, 2023b)

To apply to change your name with IRCCImmigration, Refugees and Citizenship Canada , ask AGIR Montréal for help to learn about the process.

After one year in Québec, you can submit a name change request to the Directeur de l’état civil. 

If you apply to the Directeur de l’état civil to change your sex and/or gender identifier and your name, you will be able to change your first name but not your last name. 

If you wish to change your last name, follow the instructions here: 

Change of name and Insertion of an act made outside Québec into the Québec register of civil status

If you are not applying to the Directeur de l’état civil to change your sex and/or gender identifier, but wish to change your first and/or last name, follow the same instructions.

For additional information and exercises on many aspects of this Carnets de route section, see pages 12 to 34, in the Canadian Orientation Abroad “Participant’s Workbook”. 

You can also listen to the audio guide “O Canada – Conversations Dialogue” and download the application “O Canada”.