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Problems encountered while seeking redress.

Does Everyone, Rich or Poor, Represented or Not, Whatever Colour or Race receive Equal treatment Before The Various Tribunals Boards, Parliment,Courts and the Canadian Legal System itself?


After applying for 4500 jobs we decided to seek justice and file a lawsuit against the Canadian Government, a training center, the employer and the school. We approached the Human Rights Commission, the various statutory bodies and various lawyers.

What we have encountered was red tape, bureaucracy, hypocrisy and black justice which violated our civil rights under the International Covenant On Civil and Political Rights (CCPR): Articles 1, 12,14,16,17, 24, 25 Paragraph (c),and 26) in the following manner: -

 a. Due to bureaucracy, human rights do not exist in Canada and even if they existed they cannot function due to several stipulated, unjustifiable regulations etc. This has been highlighted and attached as an attachment - Appendix 1. More details can be found in the following exhibits

[Exhibit 15:  Appendix 1- Statutory Bodies]

b.  Decisions on whether a case is worthy of representation and whether you will receive just and equitable outcomes lay on the victim’s bank balance, which violates the following articles under the International Covenant On Civil and Political Rights.

i)  Article 14 - all persons shall be equal before the courts and tribunals,

ii) Article 25 (c) - equal access to public service in this instance a legal personality and

iii) Article 26 - All persons are equal before the law and are entitled without any discrimination to the equal protection of the law


The incidents we have encountered have been highlighted and documented as an Appendix 2 and Appendix 4

[Exhibit 14:- Appendix 2 – Looking for a Legal Counsel]
[Exhibit 16:- Appendix 4 – Everybody is Equal before the Law. Did we receive Equal Treatment? No]

 

c. We wrote to all Members of Parliament seeking help and received less then a handful of replies. The replies in most cases were standard and with a purpose in mind mainly of political benefit.

Exhibit 17: - Letters and Responses from Federal and Provincial Ministers before bringing matters through the courts
Exhibit 18: - Letters and Responses from Federal and Provincial Ministers before bringing matters through the courts


Members of Parliament recognize the problems we are facing from their responses. However, they prefer to keep silent in order to avoid a floodgate of other claims against Canada. In this instance the Members of Parliament have violated the following Articles: -

a.       Article 1 paragraph 3 - promote the realization of the right of self-determination, and shall respect that right
b.      Article 2 paragraph 1,2,3(a) and 3(b) 


We approached the media and had some success in bringing this issue out in the open, however when the government refused to move, the media attention slowed down.

(Exhibit 5:    Media Release and support with regard to the problems we are facing)
(Exhibit 6:    Media Release about other Professional Skilled immigrants facing similar problems)
[Exhibit 19: Chart 1 – Domestic Remedies Taken To Obtain Redress - Full Process Taken]



The present Conservative government before coming into power supported our case, by reading our petition in Parliament, which had approximately 1000 signatures. Nothing came out of it then and now. After coming to power they have not tried in any form or way as promised, to resolve our issue, even though the courts had shifted the burden on to the government to resolve hereby violating  - Articles 1 (paragraph 3) and Article 2(paragraphs 1,2, and 3)

(Exhibit 20: -– House of Commons Debate – Petition to Parliament)



We were virtually penniless when we decided to fight for our rights. We approached several lawyers who turned us down mainly because we did not have any funds and they claimed that the case was highly sensitive and political. In the end we decided to file the lawsuit ourselves with the Human Rights Commission, the various tribunal boards and the various courts, seeking justice. We had also challenged the Constitution before the courts, however this in most cases went unheard and was pushed under the carpet by the courts thereby violating:

Article 14:      All persons shall be equal before the courts and tribunals
Article 16:      Everyone shall have the right to recognition everywhere as a person  before the law
Article 25(c): Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions access, on general terms of equality, to public service in his country, and
Article 26:    All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status

[Exhibit 14:- Appendix 2 – Looking for a Legal Counsel]
[Exhibit 20:- Constitutional Challenge]

 

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