exhaust domestic remedies, with the result that the
communication is inadmissible pursuant to article 5,
paragraph 2 (b), of the Optional Protocol.
the narrow question framed by the corporation in the
lower courts and on appeal. In such circumstances,
the authors, through their corporation, have
expressly withdrawn from the domestic courts in
their case the factual elements and their assessment
by the domestic courts which the Committee is now
presented with, namely whether the situation
currently prevailing in Québec is sufficient to justify
the restrictions on article 19 rights imposed by
section 58 of the Charter of the French Language.
That wider question, which the authors’ seek to
present to the Committee through the lens of the
Covenant, is the subject of current litigation in the
State party’s courts by the same counsel who
withdrew the issue in the present case. It follows that
the authors, through their corporation, have failed to
7.3 In the light of the Committee’s finding above,
it need not address the remaining arguments of
admissibility advanced by the State party.
8.
The Human Rights Committee therefore
decides:
a) That the communication is inadmissible
under article 5, paragraph 2 (b), of the Optional
Protocol.
b) That this decision shall be communicated to
the author and to the State party.
50
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