18 July 1978

 

Communication No. 17/1977

 
     

human rights committee

  Fourth Session  
  10 July 2 August 1978  
     
     

 z. z.

 

v.

canada

     
     
 

DECISION

 
     
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BEFORE: CHAIRMAN: Mr. Andreas v. Mavrommatis (Cyprus)
VICE-CHHAIRMEN: Mr. Luben G. Koulishev (Bulgaria), Mr. Rajsoomer Lallah (Mauritius), Mr. Torkel Opsahl (Norway)
RAPPORTEUR: Mr. Diego Uribe Vargas (Colombia).
MEMBERS: Mr. Mohamed Ben-Fadhel (Tunisia), Mr. Ole Mogens Espersen (Denmark), Sir Vincent Evans (United Kingdom), Mr. Manouchehr Ganji (Iran), Mr. Bernhard Graefrath (German Democratic Republic), Mr. Vladimir Hanga (Romania), Mr. Haissam Kelani (Syrian Arab Republic), Mr. Fernando Mora Rojas (Costa Rica), Mr. Anatoly Petrovich Movchan (Soviet Union), Mr. Julio Prado Vallejo (Ecuador), Mr. Fulgence Seminega (Rwanda), Mr. Walter Surma Tarnopolsky (Canada), Mr. Christian Tomuschat (Federal Republic of Germany).
   
PermaLink: http://www.worldcourts.com/hrc/eng/decisions/1978.07.18_ZZ_v_Canada.htm
   
Citation: Z. Z. v. Canada, Comm. 17/1977, U.N. Doc. CCPR/C/OP/1, at 19 (HRC 1978)
Publications: Office of the U.N. High Comm'r for Human Rights, Human Rights Committee: Selected Decisions under the Optional Protocol, Vol. I, at 19, U.N. Doc. CCPR/C/OP/1, U.N. Sales No. E.84.XIV.2 (1985)
 
     
 
 
     
 

Unsubstantiated allegations--Racial discrimination

 

Articles of Covenant: 14 (1) and 26

 

[1]               The author of the communication (initial letter dated 15 November 1977 and further information furnished under cover of letters dated 3 January and 3 June 1978) is a 40-year-old Canadian citizen of Yugoslav origin. The author claims to be a victim of systematic discrimination by the courts in Canada, contrary to articles 14 and 26 of the Covenant and purports to support his claim by submitting a dossier of court records pertaining to a civil damage suit brought against him for breach of contract, including the judgement of the County Court of the Judicial District of York, Ontario, rendered in December 1976, and the judgement of the Court of Appeal of the Supreme Court of Ontario. The decision of the Supreme Court of Canada, dated 19 December 1977, dismissing his application for leave to appeal to the Supreme Court is also enclosed. He calls for a new trial, which would be presided over by an impartial non-anglophone judge, which would treat him equally before the law and which would take into account all evidence tendered and the legal arguments submitted.

 

[2]               A thorough examination by the Committee of the dossier submitted by the author has not revealed any facts in substantiation of his allegations, and the communication is thus found to be manifestly devoid of any facts requiring further consideration.

 

[3]               The Human Rights Committee therefore decides:

 

[4]               The communication is inadmissible.

 
     

 

 

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