Annex
Individual dissenting opinion of Felice Gaer
In my view, Communication 791/2016 is inadmissible due to a lack of substantiation.
The Committee was not in a position to conclude that the complainant failed to
exhaust domestic remedies, because of the very significant doubts the Committee members
and others have raised about the effectiveness of Canada’s PRRA procedure. This issue is
explored by Mr. Hani in his dissenting opinion. I would note that the PRRA procedure has
been under revision in Canada to address some of the concerns raised about its effectiveness,
including claims about its scope, arbitrariness, and the alleged lack of independence of the
officials who carry it out, their lack of training and a number of recurrent due process issues.