Covenant, do not also fall within the ambit of a
determination of “rights and obligations in a suit at
law”, within the meaning of article 14, paragraph 1.
It concludes that the deportation proceedings of the
author, who was found to represent a threat to
national security, do not fall within the scope of
article 14, paragraph 1, and are inadmissible ratione
materiae, pursuant to article 3 of the Optional
Protocol.
he has failed to pursue any remedy under section 15
of the Charter, which reads: “Every individual is
equal before and under the law and has the right to
the equal protection and equal benefit of the law
without discrimination and, in particular, without
discrimination based on race, national or ethnic
origin, colour, religion, sex, age or mental or
physical disability.” Although “discrimination on
political or other opinion”, which is explicitly
referred to in article 26 of the Covenant, is not listed
in Section 15 of the Charter, 25 the list is preceded
and qualified by the terms “in particular”, which
suggests that the list is not exhaustive. The author
could therefore have availed himself of this remedy
and once more has failed to fulfil the requirements
under article 5, paragraph 2 (b), of the Optional
Protocol.
6.9 As regards the claim under articles 18 and 19,
the Committee observes that the author has not
availed himself of the remedy offered by the
Canadian Charter, under section 2, according to
which “Everyone has the following fundamental
freedoms: (a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and
expression, including freedom of the press and other
media of communication; (c) freedom of peaceful
assembly; and (d) freedom of association.” This part
of the communication is thus inadmissible under
article 5, paragraph 2 (b), for failure to exhaust
domestic remedies.
7.
The Committee therefore decides:
(a) That
the
communication
is
inadmissible under articles 3 and 5, paragraph 2 (b),
of the Optional Protocol;
(b) That
this
decision
shall
be
communicated to the State party and to the author,
through counsel.
6.10 The Committee reaches the same conclusion
with respect to the author’s claim under article 26, as
25
Section 15, of the Charter: “15(1) Every individual is
equal before and under the law and has the right to the
equal protection and equal benefit of the law without
discrimination and, in particular, without discrimination
based on race, national or ethnic origin, colour, religion,
sex, age or mental or physical disability.”
28
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