Rights and remedies in terms of access to
and quality of health and social services
All citizens, including First Nations, have the right to receive the services they need and to benefit from quality care and services that are culturally appropriate, safe and respectful.
As service providers, the institutions located in First Nations communities and those of the Quebec network, as well as the staff working in these institutions, are responsible for respecting the rights of users.
If a First Nations person, regardless of age or place of residence, believes that their rights have not been respected because they:
- Have been denied, in whole or in part, access to a service;
- Are dissatisfied with a service they have received;
- Were not adequately or safely treated;
- Were not treated courteously or respectfully;
- Did not receive the information necessary to participate freely in making the decisions related to their state of health;
It is important to report the situation to existing authorities and agencies in this field. With the primary function of defending the interests of the users of health and social services, the following authorities and agencies can help you take the necessary steps to file a complaint in complete confidentiality.
1. Users’ committees
Users’ committees are responsible for defending the rights and interests of users among all the institutions of the Quebec health and social services network by answering their questions, assist them in their complaints processes and receiving their dissatisfaction and comments. To communicate with a users’ committee, inquire directly with the concerned institution.
2. Service Quality and Complaints Commissioner
The Service Quality and Complaints Commissioner oversees the application of the user complaint examination procedure among the public institutions of the Quebec health and social services network.
3. The Centres d’assistance et d’accompagnement aux plaintes
The Centres d’assistance et d’accompagnement aux plaintes (CAAP) are regional community-based organizations that are mandated by the Minister of Health and Social Services to offer free and confidential assistance and support services to users as part of their complaint processes.
4. Québec Ombudsperson
The mission of the Québec Ombudsperson is to ensure respect for the rights of citizens in their relations with public services. In particular, the Québec Ombudsperson intervenes as a second remedy to prevent and correct non-respect of rights, abuses, negligence, inaction or errors committed against citizens in contact with an institution of the health and social services network. The Protecteur du citoyen has undertaken a cultural safety initiative with First Nations and Inuit. It can be found at https://protecteurducitoyen.qc.ca/en/first-nations-and-inuit .
5. Commission des droits de la personne et des droits de la jeunesse
The Commission des droits de la personne et des droits de la jeunesse (CDPDJ) is an independent organization operating in Quebec whose mission is to ensure the promotion of and respect for the rights of citizens as set out in the Charter of Human Rights and Freedoms, the Youth Protection Act (YPA) and the Youth Criminal Justice Act (YCJA).
6. Canadian Human Rights Commission
The Canadian Human Rights Commission (CHRC) ensures the promotion and protection of the human rights set out in the Canadian Human Rights Act to which all federal government bodies are subject, including First Nations governments and organizations. Its mission is to protect the fundamental principle of equal opportunities while supporting the vision of an inclusive society without discrimination.
7. Bureau des enquêtes indépendantes
The Bureau des enquêtes indépendantes (BEI) is a government agency that conducts investigations across the entire territory of Quebec to shed light on various events involving a police force. In particular, the BEI is responsible for investigating any allegation made by an Indigenous person in relation to a criminal offense committed by a police officer.
You wish to take action? Here’s what you can do:
1. Report dissatisfaction or provide feedback regarding care and services received.
Before filing a formal complaint, it is possible to discuss the problematic situation with the staff responsible for the care and services of the targeted institution. If it is part of the Quebec health and social services network, inquire with the users’ committee of the institution. This process is confidential.
2. Report a situation of concern or file a complaint.
Anyone who believes that their rights have not been respected, who is dissatisfied with the services received or who witnesses a situation in which the rights of a user or a group of users are not respected, may express their dissatisfaction, report the situation or file a complaint on this matter.
Whether for yourself or for someone for whom you are the legal guardian, it is important to contact the appropriate resource or authority according to the following two factors:
1. The nature of the situation
- Access to services and quality of services received
- Discrimination or harassment
2. The place where the situation occurred
- Establishments providing services intended for First Nations and Inuit both inside and outside the communities
- Public institutions of the Quebec health and social services network
- Private institutions of the Quebec health and social services network
For a complaint about access to a service or the quality of a service offered by a public resource or institution of the Quebec health network:
- Contact the Service Quality and Complaints Commissioner
Contact information: https://www.quebec.ca/en/health/health-system-and-services/rights-recourses-and-complaints/the-health-and-social-services-network-complaint-examination-system/
For a complaint about discrimination, harassment, exploitation or violation of the rights of children and youth by the Quebec health and social services network:
- Contact the Commission des droits de la personne et des droits de la jeunesse
- Toll-free number: 1-800-361-6477
- Website: http://www.cdpdj.qc.ca/en/droits-de-la-jeunesse/Pages/default.aspx
- Online forms: http://www.cdpdj.qc.ca/en/plainte/Pages/default.aspx
For a complaint about discrimination regarding services offered by the Government of Canada:
- Contact the Canadian Human Rights Commission
- Toll-free number: 1-888-214-1090
- Website: chrc-ccdp.gc.ca
3. Obtain a second remedy in case of dissatisfaction with the results of a first complaint
If you have already filed a first complaint about services offered by a public resource or institution of the Quebec health network and you are dissatisfied with the decision rendered or if you have not received a response within 45 days , contact the Québec Ombudsman.
By telephone
Quebec region: 418-643-2688
Toll-free, everywhere in Quebec: 1-800-463-5070
Online
An online complaint form can be completed at any time: ONLINE COMPLAINT FORM
Complementary resource:
4. Get help or support to file a complaint
For help or support in your processes or to file a complaint, contact your local Centre d’assistance et d’accompagnement aux plaintes (CAAP) for your region.
Toll-free number: 1-877-767-2227
CAAP contact information by region
Complementary resource:
5. Knowing my rights as a user
- Act Respecting Health Services and Social Services (R.S.Q. chap. S-4.2)
- Charter of Human Rights and Freedoms
- Youth Protection Act (YPA)
- Youth Criminal Justice Act (YCJA)
- Canadian Human Rights Act (CHRA)
Jordan’s Principle aims to ensure that First Nations children have access to all public services in a manner that reflects their distinct cultural needs while taking full account of the historical disadvantage of colonization, without being denied services or experiencing delays or interruptions because they are members of a First Nation.
First Nations Child and Family Caring Society of Canada
The Society works to ensure the safety and well-being of First Nations youth and their families through educational initiatives, public policy campaigns and quality resources to support communities. If you are having trouble reporting a case under Jordan’s Principle, contact the support Society at info@fncaringsociety.com or at 613-230-5885.
7. Obtain information on the Complaint Examination System of the health and social services network
The Complaint Examination System (CES) is a procedure put in place to ensure respect for the rights of users in accordance with the Act Respecting Health Services and Social Services. The CES ensures the evaluation and processing of the complaints filed by the users as well as the provision of support to the users in their complaint processes.