CCPR/C/125/D/2034/2011
uncovering of the completed construction, entailing a forced eviction of their home for five
to six days, a forced partial home demolition, and a confiscation of their home, all at the
cost of the authors. They further claim that these activities by the State party entail a risk to
them of serious injury and imminent death. Overall, these would constitute a violation of
their rights to life and to be free from torture and ill-treatment, recognized in articles 6 and
7 of the Covenant and in article 1 of the Second Optional Protocol to the Covenant. The
authors also claim that Toronto City Council has received reports of their health status, and
has carried on with the enforcement orders, taking no action to stop or prevent alleged
torture and ill-treatment.
8.5
The authors also request that their daughter P.T., born on 4 October 1970 and a
Canadian national, be included as an author of the communication. She alleges, for herself,
a violation of her right to be free from inhuman treatment, and on behalf of her parents, a
violation of their rights enshrined in articles 2 (3), 6, 7 and 14 of the Covenant.
8.6
The authors claim that they have exhausted domestic remedies, even if the
enforcement of the inspection orders sought by Toronto City Council are under appeal,
because there is no automatic stay or suspension of the enforcement actions during the
appeal. Moreover, they claim that domestic remedies are ineffective because they have
satisfied their obligation to alert domestic authorities of alleged breaches of their right not
to be tortured, and of their right to life, without the State party providing them with legal
aid in relation to their allegations.8 Toronto City Council has retaliated against the authors’
allegations by issuing enforcement orders, and setting impossible-to-meet construction
standards to disguise retaliation and intimidation against them. The authors also claim that
there is no basis for Toronto City Council to reject as inadequate the authors’ independent
and impartial reports of construction sufficiency, because the fire safety and electrical
safety letters are from the State party’s authorities, and the letter of construction sufficiency
is from an independent professional engineer. Furthermore, Toronto City Council has also
previously stated that if the authors obtained a building permit as well as approval for a
minor zoning variance for their home addition, they would not have to go through a five-tosix-day forced partial home eviction. The authors submit that there is no genuine
construction sufficiency issue, and no genuine issue with the adequacy of the authors’
documentation of construction sufficiency.
Further observations
From the State party
9.1
In its observations of 3 August 2017, the State party reiterates its previous
inadmissibility arguments. The State party also submits that given the authors’ propensity
to make baseless and unreasonable allegations, and failure to produce the requested
documents and provide credible evidence to support their allegations, the Committee
should consider the communication as it now stands and not allow any further submissions.
9.2
The State party emphasizes that, on 18 July 2013, the Ontario Municipal Board
determined that the authors’ two requested zoning variances met the criteria of the Planning
Act, as they were “desirable for the appropriate development and use of the land” and were
“minor variances”. However, in the same decision it was found that the authors’ allegations
concerning violations of the Ontario Human Rights Code and the Canadian Charter of
Rights and Freedoms were without merit. In particular, the Ontario Municipal Board
dismissed the medical evidence presented by the authors, which was unhelpful and gave
little weight to the authors’ allegations.
8
The authors attach several medical reports that document irreversible injuries to them caused by
actions by Toronto City Council public officials since 2006, such as the small stroke suffered by
S.D.P.T. after an unauthorized inspection visit on 14 January 2011. They also attach an affidavit
(medical report) that shows several irreparable injuries caused by torture, prepared by a medical
expert, Dr. Barry H. Roth. The latter document concludes that the medical findings are fully
consistent with torture being the primary cause for the worsening health conditions of S.D.P.T. and
Y.F.R.T., whose lives are now in danger.
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