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Commission for the rights of the persons and for the rights of the youth Quebec CONFIDENTIAL PERSON TO PERSON DELIVERED (A translation of an original at my best knowledge) November November 13th 1997
N/Ref. : SHE-000674 BOURASSA-LACOMBE, Serge - et- C. U. S.E. ET AL Sir, Please find, herewith, conform copy of the resolution CPF-312-38. The Commission after study and discussion had decided to close the file for the indicated reasons. Please accept, Mister, the expression of our distinguish wishes. Real Tremblay, Regional Representative, Region 05 - Estrie RT/hv p.j. Resolution of the Commission For your information 375, rue King Ouest, bureau 1.05, Sherbrooke (Quebec) J1H6B9, Telephone (819) 820-3855 Telecopy: (819) 820-3860
COMMISSION FOR THE RIGHTS OF THE PERSONS AND FOR THE RIGHTS OF THE YOUTH (hereafter called "The Commission") REGION : Sherbrooke DOSSIER NO : SHE 0674 COMPLAINT PARTY : : Serge B.-L. SUE PARTY : : Centre universitaire de l'Estrie
ARTICLE : 10 - civil state, age, religion,
RESPONSIBLE OF THE FILE : Real Tremblay FILE studied and decided at the 312 th session of the Committee of complaints held the Friday October 3 rd 1997, effective in accordance with the article 61 of the Charter of rights and freedom of the person and in accordance with the Regulation on the treatment of complaints and the applicable procedure to the investigations of the Commission. THE ALLEGATIONS OF THE PLAINTIFF The plaintiff had deposited several complaints by the Commission. He had also submitted several documents to support his pretensions. The Commission, after study and discussion, stop to act in favour of the plaintiff or the motive that this one don't submit no element open to establish a link between the varied situations which he complaint about and the discrimination motives that he put forward. So the Commission is of advise, in those circumstances, that it haven't competence to make investigation. FILE SHE 0674 CPF-312.38 To be suitable for what it precede, the Commission CLOSE the file conformably to the dispositions of the Charter. Resolution take at the unanimity by the members of the Complaints Committee at their 312 th session held the Friday October 3 rd 1997 by their resolution CPF-312.38. Conform EXTRACT given at Montreal, This October 30 th 1997
FOR YOUR INFORMATION If after the resolution of the Commission of the rights of the person and the rights of the youth to close your file, you desire to inter a personal petition against the sue, we recommend you to consult an advocate. The July 24 th 1997, the Appeal Court of Quebec, in the judgment Jean-Guy Menard c. Louisette Francoeur (C.A. Registry of Quebec, no. 200-09000557-957) had decided that the plaintiffs can't personally vest the Tribunal of the rights of the person when the Commission of the rights of the person and of the rights of the youth refuse or stop to act into closing the file. In consequence, under the reserve of a possible appeal at the Supreme Court of Canada who could come to reverse the decision of the Appeal Court, you can never more seize the Tribunal of the rights of the person of a personal petition. If you opportune estimate to exercise a personal petition in front of the tribunals of the common rights (Court of small credence's, Court of Quebec or Supreme Court), you have to act into the most brief delay been given that the prescription of your petitions restart to run as early as that you had received the advise of the closing of your file joint to the present.
BOURASSA-LACOMBE, Serge - et - C. U. S.E. ET AL RECEIVED I undersigned, declare having received from person to person the conform copy of the resolution CPF-312.38 of the Commission of the rights of the person and the rights of the youth Signed at SHERBROOKE This This November 28 th 1997 13:22 1997 13:22
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