refuse to hire or otherwise penalize a person in his
employment owing to the mere fact that he was
convicted of a penal or criminal offence, if the
offence was in no way connected with the
employment or if the person has obtained a pardon
for the offence”. Remedies are open to the author in
the event of a violation of this article, in that he can
lodge a complaint with Quebec’s Commission des
droits de la personne et de la jeunesse or take the
case to the Human Rights Tribunal or to an
ordinary court.
examination, would have been to ask Ms. Gascon
why the rectification was incomplete. Even if
Ms. Gascon had provided an incorrect explanation,
the State party considers that the author, according to
the law of evidence as cited in the decision of the
Minister of Justice, would have been unable to prove
the inaccuracy of her statement.
4.11 The State party maintains that although
Ms. Gascon in her written statement had sometimes
referred to the month of June rather than August,
both in her testimony in the preliminary
investigation and in the trial she had placed the
events in August. The decisive factor is that at his
trial the author was perfectly aware of the nature of
the offence with which he was charged and the
manner in which he allegedly committed it.
4.15 With regard to the complaint of the violation
of article 2, paragraph 3, of the Covenant, the State
party considers that this article does not constitute a
substantive right as such but is appurtenant to the
violation of a right guaranteed by the Covenant. In
the State party’s view, the author has not established
the existence of a violation of this nature.
4.12 In view of the fact that Ms. Gascon’s written
statement shows only a partial inconsistency with
regard to the dates of the events, does not contradict
the content of her testimonies and adds only
secondary evidence, and that the Court was able to
assess the credibility of Ms. Gascon and the author,
the State party considers that the disclosure of this
document furnishes no additional arguments for the
author’s defence.
4.16 With regard to the complaint of violations of
articles 3 and 26 of the Covenant, the State party
maintains that there is no prima facie evidence of a
violation. The State party points out that its policy is
not discriminatory and is aimed at furthering
equality between men and women. In addition, all
actions by the police, the judiciary or other bodies in
Quebec must observe the judicial rights and legal
guarantees of all persons concerned, and in particular
the impartiality and independence of the judiciary, as
stipulated in the Charter of Human Rights and
Freedoms and the Canadian Charter of Rights and
Freedoms. In correspondence with a national who
brought up this subject, the Commission des droits
de la personne et des droits de la jeunesse in Quebec
has already concluded that the policy is not
discriminatory.
4.13 The State party adds that, with regard to the
aforementioned developments, the author benefited
from the presumption of innocence. According to the
State party, the judge based his ruling on evidence
beyond all reasonable doubt furnished by the deputy
Crown prosecutor in respect of the various elements
of the offence in question.
4.14 With regard to the complaint concerning the
consequences of the conviction, namely the
difficulty of finding a job, the State party points out
that under the Criminal Records Act, a person who
has been convicted of an offence under an Act of
Parliament (including the Criminal Code) may
apply to the National Parole Board for a pardon in
respect of that offence. In the author’s case, such
application may be made five years after the legal
expiry of the probation period. The Canadian
Human Rights Act also prohibits discrimination,
including in the field of employment, on grounds of
sex or a conviction for which a pardon has been
granted. “A conviction for which a pardon has been
granted” means “a conviction of an individual for
an offence in respect of which a pardon has been
granted by any authority under law and, if granted
or issued under the Criminal Records Act, has not
been revoked or ceased to have effect”. Any person
who considers that he or she is the victim of
discrimination by an employer or a body covered
by federal legislation may lodge a complaint with
the Canadian Human Rights Commission. Article
18.2 of the Charter of Human Rights and Freedoms
stipulates, moreover, that “No one may dismiss,
4.17 The State party maintains, subsidiarily, that
the applicant’s allegations are unfounded for the
reasons set out above.
Author’s comments
5.1 In his comments dated 30 August 2002, the
author contests the State party’s arguments of
inadmissibility for failure to exhaust domestic
remedies, on grounds of the undue delay in the
decision of the Minister of Justice under section 690
of the Criminal Code, which was handed down on 7
May 2001 in respect of an application by the author
dated 3 April 1995.
5.2 He also states that he is not seeking a reevaluation of the Canadian courts’ findings of fact
and credibility, although he considers that the failure
to disclose Ms. Gascon’s statement, which was
essential to his defence, can only be understood in
the context of the trial. The author considers that the
judge invented a scenario based on simple remarks
made by the author during the trial which were
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