Les mouvements racistes et la Charte des droits et libertés de la personne

Auteur(s)
Année
1994
Résumé
In Quebec as elsewhere, recent years have seen the birth and growth of organizations and splinter groups that share a profound refusal of the pluralistic character of our modern societies. The emergence of organized extremist right-wing movements sporting racist tendencies, constitutes perhaps the most exacerbated form of this political pathology. Although reprehensible from the standpoint of principles, the activities of these movements present a delicate problem for all democratic societies. How far can one conceivably militate in favour of apolitical order incompatible with the ideals of equality, liberty and dignity upon which that society is founded ? The author deals with the legal dimensions of this problem in light of the Charter of Human Rights and Freedoms, the fundamental text covering such matters in the Quebec legal system. First, he analyzes the scope of freedoms of opinion, expression, peaceful assembly and association guaranteed under the Charter. He demonstrates how these freedoms must be exercised while respecting democratic values, public order and general well-being and he attempts to synthesize action guidelines applicable to various sectors (including schools and the workplace). The author then analyzes the normative scope of the right to equality, illustrating, both its potentialities regarding available recourses and its inherent limits under the present formulation of the Charter. Throughout this descriptive and critical portrayal of our substantive law transpires the interest of an approach to racist extremism based on the Charier, whose distinct mechanisms are sometimes better adapted to the activities of racist organizations than those of criminal law.
Titre de la publication
Les Cahiers de droit