Every person has a right to a full and equal, public and fair hearing

(title for widget) Articles 23 et seq., R.S.Q., chapter C-12, right to a “public” hearing

Updated to 1 December 2006
GET the current one 2015 December

Citation: Charter of human rights and freedoms, R.S.Q. c. C-12
Information about this text: Consolidation: Updated to 1 December 2006
Enabled Regulations: 7 Regulations
Version downloaded by CanLII on 2007-01-17

© Éditeur officiel du Québec
This document is not the official version.

Updated to 1 December 2006

R.S.Q., chapter C-12



Impartial hearing before independent tribunal.

23. Every person has a right to a full and equal, public and fair hearing by an independent and impartial tribunal, for the determination of his rights and obligations or of the merits of any charge brought against him.

Sittings in camera.

The tribunal may decide to sit in camera, however, in the interests of morality or public order.

1975, c. 6, s. 23; 1982, c. 17, s. 42; 1993, c. 30, s. 17.

Grounds for deprivation of liberty.

24. No one may be deprived of his liberty or of his rights except on grounds provided by law and in accordance with prescribed procedure.

1975, c. 6, s. 24.

Search and seizure.

24.1. No one may be subjected to unreasonable search or seizure.

1982, c. 61, s. 7.

Treatment of person arrested.

25. Every person arrested or detained must be treated with humanity and with the respect due to the human person.

1975, c. 6, s. 25.

Right to separate treatment.

26. Every person confined to a house of detention has the right to separate treatment appropriate to his sex, his age and his physical or mental condition.

1975, c. 6, s. 26.

Person awaiting outcome of his trial to be kept apart.

27. Every person confined to a house of detention while awaiting the outcome of his trial has the right to be kept apart, until final judgment, from prisoners serving sentence.

1975, c. 6, s. 27.

Information on grounds of arrest.

28. Every person arrested or detained has a right to be promptly informed, in a language he understands, of the grounds of his arrest or detention.

1975, c. 6, s. 28.

Rights of accused person.

28.1. Every accused person has a right to be promptly informed of the specific offence with which he is charged.

1982, c. 61, s. 8.

Right to advise next of kin.

29. Every person arrested or detained has a right to immediately advise his next of kin thereof and to have recourse to the assistance of an advocate. He has a right to be informed promptly of those rights.

1975, c. 6, s. 29; 1982, c. 61, s. 9.

Right to be brought before tribunal.

30. Every person arrested or detained must be brought promptly before the competent tribunal or released.

1975, c. 6, s. 30; 1982, c. 61, s. 10.

Right to be released on undertaking.

31. No person arrested or detained may be deprived without just cause of the right to be released on undertaking, with or without deposit or surety, to appear before the tribunal at the appointed time.

1975, c. 6, s. 31.

Habeas corpus.

32. Every person deprived of his liberty has a right of recourse to habeas corpus.

1975, c. 6, s. 32.

Right to trial.

32.1. Every accused person has a right to be tried within a reasonable time.

1982, c. 61, s. 11.

Presumption of innocence.

33. Every accused person is presumed innocent until proven guilty according to law.

1975, c. 6, s. 33.


33.1. No accused person may be compelled to testify against himself at his trial.

1982, c. 61, s. 12.

Right to advocate.

34. Every person has a right to be represented by an advocate or to be assisted by one before any tribunal.

1975, c. 6, s. 34.

Full and complete defence.

35. Every accused person has a right to a full and complete defense and has the right to examine and cross-examine witnesses.

1975, c. 6, s. 35.


36. Every accused person has a right to be assisted free of charge by an interpreter if he does not understand the language used at the hearing or if he is deaf.

1975, c. 6, s. 36; 1982, c. 61, s. 13.

Non-retroactivity of law.

37. No accused person may be held guilty on account of any act or omission which, at the time when it was committed, did not constitute a violation of the law.

1975, c. 6, s. 37.

Res judicata.

37.1. No person may be tried again for an offence of which he has been acquitted or of which he has been found guilty by a judgment that has acquired status as res judicata.

1982, c. 61, s. 14.

Lesser punishment.

37.2. Where the punishment for an offence has been varied between the time of commission and the time of sentencing, the accused person has a right to the lesser punishment.

1982, c. 61, s. 14.


38. No testimony before a tribunal may be used to incriminate the person who gives it, except in a prosecution for perjury or for the giving of contradictory evidence.

1975, c. 6, s. 38; 1982, c. 61, s. 15; 1989, c. 51, s. 1.


"Sed quis custodiet ipsos custodes?" — Juvénal, Satires, VI, 346.  En français : « Qui nous protègera contre ceux qui nous protègent ? »  In English: " Who will protect us from those who protect us? "

 — Mauro Cappelletti dans Louis Favoreu (dir.), Le pouvoir des juges, Paris, Economica, 1990, p. 115.
Le Spécialiste DOSSIER: Extreme Behavior
Yves-Marie Morissette's Poster Boy for 'Legalizing' Chemical Lobotomies: Valéry Fabrikant

Yves-Marie Morissette's Poster Boy for 'Legalizing' Chemical Lobotomies: Valéry Fabrikant

Judicial Madness Signature Video

Judicial Madness Signature Video & Sharing Buttons

Yves-Marie Morissette The Works The Mind
Judicial Declarations of Madness in Quebec Courts
On the “Rule of Law”
“In public regulation of this sort there is no such thing as absolute and untrammelled ‘discretion’, that is that action can be taken on any ground or for any reason that can be suggested to the mind of the administrator; no legislative Act can, without express language, be taken to contemplate an unlimited arbitrary power exercisable for any purpose, however capricious or irrelevant, regardless of the nature or purpose of the statute. Fraud and cor­ruption in the Commission may not be mentioned in such statutes but they are always implied as exceptions. ‘Discretion’ necessarily implies good faith in discharging public duty; there is always a perspective within which a statute is intended to operate; and any clear departure from its lines or objects is just as objectionable as fraud or corruption.”

— Mr. Justice Ivan Cleveland Rand writing in the most memorable passage in Roncarelli v. Duplessis, [1959] S.C.R. 121 at the Supreme Court of Canada, page 140.
Random Quote

The social tyranny of extorting recantation, of ostracism and virtual outlawry as the new means of coercing the man out of line, is the negation of democracy.

— Justice Ivan Cleveland Rand of the Supreme Court of Canada, Canadian Bar Review (CBR)
Random Quote
Fears are mounting that the psychiatrist Anatoly Koryagin is near to death in the notorious jail of Christopol in central Russia. Letters that have reached the West from his wife and a friend indicate that he is so weak that unless he is given expert medical care he could die at any time. Dr. Koryagin has been in prison for the last four years for actively opposing the political abuse of psychiatry. The abuse takes the form of labeling dissidents as mad and forcibly treating them with drugs in mental hospitals.   ― Peter B. Reddaway, "The Case of Dr. Koryagin", October 10, 1985 issue of The New York Times Review of Books
"If we were lawyers, this would be billable time."
A Word on Caricature
“Humor is essential to a successful tactician, for the most potent weapons known to mankind are satire and ridicule.”

— “The Education of an Organizer”, p. 75, Rules for Radicals, A Practical Primer for Realistic Radicals by Saul Alinsky, Random House, New York, 1971.

I am no fan of Saul Alinsky's whose methods are antidemocratic and unparliamentary. But since we are fighting a silent war against the subversive Left, I say, if it works for them, it will work for us. Bring on the ridicule!  And in this case, it is richly deserved by the congeries of judicial forces wearing the Tweedle suits, and by those who are accurately conducting our befuddled usurpers towards the Red Dawn.

— Admin, Judicial Madness, 22 March 2016.
Contact Judicial Madness
Donate with PayPal
Donate Bitcoins
Flag Counter