Children are not allowed in certain places. Some hotels, restaurants and theatres, for example, have banned children. For many people, these places are synonymous with peace and quiet, away from the cries and games of younger children. But is this legal in Quebec?
As early as 1995, the courts had to deal with the issue of banning children from certain places. An important court decision from this time tells the story of a mother who wanted to have lunch in a restaurant in Val-Morin with her six-month-old baby. Unfortunately, she was told that children under the age of four were not allowed in the restaurant. A sign posted at the entrance of the restaurant clearly stated this policy. The mother and her child were therefore asked to leave.
The court found that the mother had been discriminated against. Why? She was treated differently and unfairly, notably because of the age of her child. The judge ordered the restaurant owner to pay her $3,000.
A prohibited ground of discrimination?
Age is a prohibited ground of discrimination under the Quebec Charter of human rights and freedoms. A person cannot therefore be treated differently from others or be excluded because of their age, such as if they are a minor.
Freedom from discrimination as protected by the Quebec Charter applies to public places, such as restaurants, hotels, public transport, and theatres. These places cannot be reserved for adults only. According to a 2015 survey conducted by CROP for La Presse, 43% of adults are in favour of kid-free hotels. However, the law prohibits this practice.
Whether someone is a parent or not isn’t a prohibited ground of discrimination under the Quebec Charter. But while not mentioned in the Quebec Charter, discrimination based on someone’s family situation and whether they have children or not is prohibited by the Civil Code of Quebec when it comes to rental property. Landlords cannot refuse to rent to someone because of their age, or because they have children.
For example, a landlord or a real estate agent cannot favour renting to a childless couple over a family with two young children. The courts have stated that a child running, playing, crying and laughing is normal. They have also decided that neighbours should expect this kind of noise in a place where many people live together. Tolerance is therefore required: you can’t control a child to the point of preventing them from making any disturbing noise.
Exceptions to the rule
In some situations, the law allows people or businesses to ban children from entering. For example, restaurants that serve alcohol can ask for a “no minors” option on their alcohol permit. This lets them refuse entry and service to children. The “no minors” option is mandatory for restaurants that serve alcohol and also host activities intended for adults, like 18+ movies screenings.
When it comes to renting a place, a landlord can only refuse to rent to someone with children if the refusal is justified by the size of the apartment.