DECISIONS DECLARING A COMMUNICATION INADMISSIBLE
SECOND SESSION
Communication No. 13/1977
Submitted by: С. E. on 20 June 1977
Alleged victim: The author
State party: Canada
Date of decision on inadmissibility: 25 August 1977 (second session)
Inadmissibility ratione temporis et materiae—Work
man 's compensation
The main communication and the enclosures reveal
that the author brought a court case against the Board
of School Trustees of School District No. 39, Van
couver, et al., claiming damages for injury suffered in a
fall from a ladder in February 1971, while working in a
school workshop. His claim was dismissed by the
Supreme Court of British Columbia on 29 May 1975 on
the ground that the accident was the author's own
responsibility. A notice of appeal was issued on behalf
of the author on 18 August 1975. There is no informa
tion concerning further developments of the court case,
except an indication by the author that he does not have
the financial means to pursue the matter before the
courts and that he has been denied legal aid by the Legal
Aid Society of British Columbia, which the author
describes as a denial of the right of appeal.
Article of Optional Protocol: 3
The facts of the case are as follows:
The author of this communication, dated 20 June
1977, is a 51-year-old, unemployed Canadian citizen
residing in Surrey, British Columbia, married and
father of six children.
Although not explicitly addressed to the Human
Rights Committee, the communication appears to be
submitted for consideration by the Committee under the
Optional Protocol to the International Covenant on
Civil and Political Rights.
The author states that he has for many years been
subjected to discrimination by the Workman's Compen
sation Board, Canada, inasmuch as due compensation
and medical care have been denied him in connection
with five successive work-related accidents in 1964, 1970
and 1971, and that this discrimination has brought great
hardships to himself and his family.
Before considering any claims contained in a com
munication, the Human Rights Committee shall, in ac
cordance with rule 87 of its provisional rules of pro
cedure, decide whether or not it is admissible under the
Optional Protocol to the Covenant.
Specifically, the communication deals only with the
last accident which happened while the author was
working in a school workshop. He claims that he was
denied the students' accident insurance with medical
coverage. It appears that the author initiated a court
case in connection with this accident, claiming damages
for injuries suffered in a fall from a faulty ladder. He
maintains that he was denied due process by a handpicked judge and that his efforts to appeal the court
decision have been in vain, because of his lack of finan
cial means and because the Legal Aid Society has
refused him any assistance.
The Human Rights Committee considers:
That as far as any question of a denial of justice
might be raised by the communication, such claim
would relate to events prior to 19 August 1976, the date
of entry into force of the Covenant and the Protocol for
Canada; and
That as far as the remaining claims presented in the
communication are concerned, they hkewise relate to
such events and moreover do not concern any of the
civil and political rights referred to in the Covenant.
The Committee therefore, in accordance with article 3
of the Protocol, decides:
The author does not specify which provision of the
ln*^^ernational Covenant on Civil and Pohtical Rights has
allegedly been violated.
The communication is inadmissible.
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