Laws

Canada

QUEBEC

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Civil Unions
  Custody of Children
Discrimination
Fostering Children
Gender Identity
Harassment
Hate Crimes
  HIV/Aids
Homosexuality
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Parenting
  Partners
Privacy
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
See also: [ESTATES] [MARRIAGE]
1.

Province

On 21 February 2017, a provision of the new Code of Civil Procedure reportedly takes effect and it will affect those seeking a divorce, separation or the dissolution of a civil union by agreement. Couples who have reached a consent in any of these matters and wish to file joint proceedings will be governed by the rules of procedure for non-contentious proceedings [R1.7].

In September 2002, the Montreal presbytery of the United Church of Canada gave its ministers and congregations the go-ahead to perform civil-union ceremonies for same-sex couples [R1.6].


In June 2002, the Quebec legislature voted to approve Bill 84, which recognized same-sex couples' rights to adopt, raise children, and to share a marriage-like status called a civil union [R1.5].

Civil-union status will offer most of the legal benefits of marriage, including division of assets after a breakup, the right to see a partner's medical records, and automatic status as a beneficiary when a partner dies.

The bill also allows for adoption by homosexual couples.

The law was expected come into effect in July 2002 [R1.5].


In April 2002, a draft bill was unveiled in the legislature and was expected to be adopted by the end of the current session. The law would give same-sex couples the same rights and obligations as married heterosexual couples, including adoption and artificial insemination [R1.4].


In December 2001, draft legislation to create a Partnership Union Registry was tabled [R1.3].


In November 2001, the government announced legislation to create a gay and lesbian partnership registry [R1.2].


In June 1999, the Quebec government has adopted Law 21, that gives homosexual couples the same rights as common-law pairs. It meant same-sex couples have the right to the same social benefits, tax deductions and survivors' benefits as heterosexual couples [R1.1].

R1.7 TheSuburban: New procedure for joint divorces and separations 11 FEB 17
R1.6 Canadian Press: Church Says 'Oui' to Gay Weddings 13 SEP 02
R1.5 Canadian Press: Quebec Adopts Same-sex Union and Parental Rights with Supporters Looking On 07 JUN 02
R1.4 Reuters: Quebec Set to Recognize Same-sex Unions 27 APR 02
R1.3 365Gay.Com: Partnership Union Plan Divides Quebec Gays 08 DEC 01
Associated Press: Quebec to Be Second Province to Recognize Same-Sex Unions After Nova Scotia 07 DEC 01
R1.2 Melbourne Star: Partnerships in Quebec 15 NOV 01
R1.1 Canadian Press: Quebec Law Recognizes Same-sex Couples 11 JUN 99
Discrimination Legislation/Cases/References
1.

Province

On 10 June 2016, Quebec Bill No. 598 became law. The Civil Code will be changed to accommodate transgender minors, while the province's Charter of Human Rights and Freedoms will be modified to explicitly prohibit all discrimination related to gender identity [R1.2].

In 1977, the province became the first jurisdiction in Canada to prohibit discrimination on the basis of sexual orientation with the passing of its Charter of Human Rights and Freedoms [R1.1].

2.

Courts & Tribunals

On 08 August 2016, Judge Chantal Masse in the Superior Court ordered the Council of Administrative Justice to take a second look at the discrimination complaint of black, lesbian and anglophone woman Tomee Sojourner on the grounds that Régie du logement commissioner Luce De Palma at the Rental Board repreatedly referred to her as ''Mister'' and addressed the Opposing Party, Mr. Paliotti, in French with no translation provided [C2.2], [R2.1].

R1.2 HuffingtonPost: Quebec Transgender Teens Will Be Legally Allowed to Change Their Name and Gender 11 JUN 16
R1.1 MetroNews: Canadian milestones 17 MAY 11
C2.2 Judgment (in French): Tomee Sojourner v. Conseil de la Justice Administrative et al 2016 QCCS 3743 HTML 08 AUG 16
[Google Translate English version here]
R2.1 cbcNEWS: Quebec Superior Court rules complaint from black, lesbian woman should be reviewed 18 AUG 16
Estates, Inheritance, Succession, Wills Legislation/Cases/References
1.

Province

In July 2002, the Province had legislation requiring the division of property accumulated during a relationship if a couple splits [R1.1].

2.

Courts & Tribunals

In March 2002, the Quebec Court of Appeal ruled that the Quebec Pension plan discriminated against four Quebec gay surviving spouses in a suit over the date when partners are eligible to receive Widows Pensions from the government [R2.1].

R1.1 Winnipeg Sun: NDP Backs Gay Couples 18 JUL 02
R2.1 Yahoo! News: Gay 'Widows' Win Pensions Suit 07 MAR 02
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

Province

On 10 June 2016, Quebec Bill No. 598 became law, allowing transgender minors to change the name and gender on their birth certificates without the need to undergo surgery. The request must come from one of the parents of a child 13 and under years of age. If one of the parents of a child 14 and above objects to the name change, the request will not be immediately granted and the case will go to a tribunal. The Civil Code will be changed to accommodate transgender minors, while the province's Charter of Human Rights and Freedoms will be modified to explicitly prohibit all discrimination related to gender identity [R1.4].

On 25 April 2014, the Province reportedly has recognised that being transgender is a reason to keep personal details of those seeking a legal name change from being publicly published. The Directeur de l'état civil may still publish notices when name changes are approved for transgender people to include the applicant's former and new names as well as their birthday, but not their street address [R1.3].


In June 2000, the Supreme Court of Canada denied the application of a Quebec region lawyer to add a feminine name to his existing masculine names, even though he regularly dresses as a woman and is considering a sex-change operation [R1.2].


In April 1999, a court ruled in favour of a transsexual's lawsuit, winning him a new birth certificate and established new criteria for identification revisions [R1.1].

2.

Courts & Tribunals

On 08 August 2016, Judge Chantal Masse in the Superior Court ordered the Council of Administrative Justice to take a second look at the discrimination complaint of black, lesbian and anglophone woman Tomee Sojourner on the grounds that Régie du logement commissioner Luce De Palma at the Rental Board repreatedly referred to her as ''Mister'' and addressed the Opposing Party, Mr. Paliotti, in French with no translation provided [C2.2], [R2.1].

R1.4 HuffingtonPost: Quebec Transgender Teens Will Be Legally Allowed to Change Their Name and Gender 11 JUN 16
R1.3 GlobalNews: Quebec quits publishing addresses of transgender people seeking name changes 25 APR 14
R1.2 Journal de Quebec: No Feminine Name for Lawyer Montreuil 23 JUN 00
R1.1 Brother Sister: Tranny Wins Lawsuit 15 APR 99
C2.2 Judgment (in French): Tomee Sojourner v. Conseil de la Justice Administrative et al 2016 QCCS 3743 HTML 08 AUG 16
[Google Translate English version here]
R2.1 cbcNEWS: Quebec Superior Court rules complaint from black, lesbian woman should be reviewed 18 AUG 16

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HIV / Aids Legislation/Cases/References
1.

Courts & Tribunals

On 05 October 2012, the Supreme Court of Canada ruled it is not always a crime for people with HIV to not disclose their HIV status to their sex partners if there is no realistic possibility of transmission of HIV – as when they have a low level of the virus, wear a condom, are not reckless and do not fail to take steps to avoid transmitting the potentially fatal virus [C1.2], [R1.1]

C1.2 Judgment: R. v. D.C 2012 SCC 48, 05 OCT 12
R1.1 CTV News: Supreme Court: Failure to disclose HIV to sex partners not always a crime 05 OCT 12
Homosexuality, Sodomy Legislation/Cases/References
1.

Province

In 1998, the Court of Appeal struck down a provision of Canada's penal code that forbids sodomy before age 18 while allowing other sexual practices at age fourteen. The court said the ban violates the national Charter of rights and Freedoms and discriminates against young gays. The ruling is binding only in Quebec [R1.1].

R1.1 Melbourne Star Observer: Canadian Sodomy Statute Struck Down 01 MAY 98
Marriage Legislation/Cases/References
1.

Province

On 21 February 2017, a provision of the new Code of Civil Procedure reportedly takes effect and it will affect those seeking a divorce, separation or the dissolution of a civil union by agreement. Couples who have reached a consent in any of these matters and wish to file joint proceedings will be governed by the rules of procedure for non-contentious proceedings [R1.3].

In 2002, Quebec passed Bill 84 which recognized same-sex couples' rights to adopt, raise children, and to share a marriage-like status called a civil union [R1.2].

The law was expected to come into effect in July 2002.

The minimum age of those who wish to be joined in a civil union--either same-sex or opposite-sex--has been set at 18, whilst, the minimum age for opposite-sex traditional marriage is 16 [R1.2].

Quebec couples who opt for a civil union may divorce simply by signing an agreement before a notary public, provided there are no children involved [R1.1].

2.

Courts & Tribunals

In March 2004, the Quebec Court of Appeal upheld a lower court ruling that declared it unconstitutional to discriminate against same-sex couples when it comes to marriage rights [R2.4].

The ruling upheld the earlier Quebec Superior Court ruling of Justice Louise Lemelin [C2.3] that found denying gays and lesbians the right to marry was a violation of Canada's Charter of Rights and Freedoms [R2.2].


In October 1998, Canada's first challenge to the constitutionality and legality of the Quebec Civil Code of 1994, the right to same-sex marriage was set to be heard shortly in the Superior Court [R2.1].

R1.3 TheSuburban: New procedure for joint divorces and separations 11 FEB 17
R1.2 Canadian Press: Quebec Adopts Same-sex Union and Parental Rights with Supporters Looking On 07 JUN 02
R1.1 The Advocate: Civil unions bill passes in Quebec 06 JUN 02
R2.4 B News: Canadian Ruling 25 MAR 04
C2.3 Hendricks c. Procureur Général du Québec
R2.2 Canadian Press: Definition of Marriage Discriminatory 07 SEP 02
R2.1 GayLawNet: Canadian "Marriage" Challenge 26 OCT 98
Parenting, Adoption, Fostering Legislation/Cases/References
1.

Province

In June 2002, the Quebec legislature voted to approve Bill 84, which recognized same-sex couples' rights to adopt, raise children, and to share a marriage-like status called a civil union [R1.1].

Civil-union status will offer most of the legal benefits of marriage, including division of assets after a breakup, the right to see a partner's medical records, and automatic status as a beneficiary when a partner dies.

The bill also allows for adoption by homosexual couples.

The law was expected come into effect in July 2002 [R1.1].

R1.1 Canadian Press: Quebec Adopts Same-sex Union and Parental Rights with Supporters Looking On 07 JUN 02
Personal Safety, Privacy, Safety OnlineLegislation/Cases/References
1.

Province

On 25 April 2014, the Province reportedly has recognised that being transgender is a reason to keep personal details of those seeking a legal name change from being publicly published. The Directeur de l'état civil may still publish notices when name changes are approved for transgender people to include the applicant's former and new names as well as their birthday, but not their street address [R1.3].

R1.1 GlobalNews: Quebec quits publishing addresses of transgender people seeking name changes 25 APR 14
Violence: Bullying, Domestic Violence, Harassment, Vilification Legislation/Cases/References
See also: [DISCRIMINATION]
1.

Courts & Tribunals

In April 2002, a commission ordered neighbours who harassed a gay Montreal couple to pay the men a combined $36,000 [R1.1].

R1.1 Gay.com UK: Neighbours Ordered To Pay After Harassing Gay Couple 07 APR 02

GayLawNet®™ "Exclusive" Sponsorship of this page IS available