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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