74. Replying to other questions, the representative referred to the issue of the slowness of justice and explained that Canadian courts gave priority to settling criminal cases quickly and that the Supreme Court had been able to had eliminate almost the entire backlog of criminal cases. The authorities become more aware than in the past of the need to ensure that the judiciary and the bar were truly representative of Canadian society. Following the Marshall case, measures had been taken in Nova Scotia to ensure that race, colour, religion, beliefs or national origin would have no influenae on the judgements of the courts in the province. In the cases where the police had fired on blacks who had broken the law, the policemen concerned had been arrested and had faced criminal prosecution following an inquiry carried out by the interior provincial police. The concern aroused by such incidents had led to the setting up, on 13 December 1988, of a Task Force on race relations and policing. A bill had been tabled in Parliament following the Task Force’s report and passed in June 1990, replacing the Police Act. New principles had thus been adopted regarding, w.9, the representation of minority communities in police forces and disciplinary mea6ures to be applied in order to prevent the recurrence of such incidents. n of u 75. With reference to that issue, members of the Committee requested clarification of the provisions governing the expulsion of aliens and asked how the right of aliens to appeal against an expulsion order was ensured in practice: whether such appeal had suspensive effect; and whether there were any differences among the provinces in the legislation or the rules regarding freedom of movement and expulsion of aliens. In his reply, the representative of the State party said that some categories of aliens, particularly foreign residents, could appeal to the Immigration and Refugee Board, a course of action which automatically entailed the suspension of the expulsion order. All other aliens could request the Federal Court of Appeal for a review of the decision and could also obtain a suspension of the expulsion order for 72 hours, There were no differences among the provinces in the legislation or the rules regarding freedom of movement and expulsion of aliens , which ceme under federal law alone, 76, . of &~&.~&lv and assow In connection with that issue, members of the Committee wished to receive detailed information on the legislation in the provinces of Ontario, Nova Scotia and Prince Edward Island, which appeared to establish a trade union monopoly contrary to par&graph 3 of article 22 of the Covenant. It was further asked whether the right to collective bargaining was guaranteed under section 2 (d) of the Charter of Rights and Freedoms; and why the right of peaceful assembly had to be balanced against the right to make use of public property. 77. In his reply, the representative of the State party explained that in the provinces of Ontario, Nova Scotia and Prince Edward Island, any trade union had to be representative of the employees concerned, that machinery had to exist whereby another trade union could in turn become representative of those employees, and that the workers concerned should generally approve the approach adopted. The right to freedom of association in Canada included the 78. -19-

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