(c) Effective remedies.

4.6 Counsel submits that the authors should be deemed to have complied with the requirement of exhaustion of domestic remedies, since available judicial remedies are clearly ineffective.

Recourse proceedings, though not a remedy in themselves, make it possible to achieve a remedy.

In any event, given the grave nature of the case, only a criminal remedy can be considered effective and sufficient and thus necessary to exhaust.

4.13 The State party maintains that the complainants have not exhausted the domestic remedies available to them and have not demonstrated that such remedies would be unreasonably prolonged or unlikely to bring effective relief.

Remediable way?

With this, the author submits, available domestic remedies have been exhausted.

5.2 On the issue of exhaustion of domestic remedies, the author states that no further remedies are available.

This type of problem should be able to be solved.

Such awareness is an essential prerequisite for effective remedies, and without effective remedies we will not be able to assess the extent of progress, or the lack of it, towards the realization of the Goals.

V. LEGAL REMEDIES

5.2 In relation to the exhaustion of domestic remedies, counsel pointed out that, in accordance with the general principles of international law, the domestic remedies which must be exhausted are those which are effective, adequate or sufficient, in other words, which offer a serious chance of providing an effective remedy for the alleged violation.

The State party recalls that the author did not avail himself of these remedies, and thus did not exhaust domestic remedies.

The Federal Court also has authority to order the stay of an expulsion order pending consideration of an application for judicial review.

Similarly, the judicial procedure and the remedies available must meet the requirements of article 14 of the Covenant.

(b) The claim is one to which the rule of exhaustion of local remedies applies and any available and effective local remedy has not been exhausted.

6. Remedies, compensation and restitution

(b) Since the questions related to whether or not there was any truth to the allegations, we had hoped that the Committee's observation would have taken account of the additional information which had been requested on that subject

6.3 The Committee recalls that mere doubts about the effectiveness of remedies do not absolve an individual from exhausting them.

It adds that available domestic remedies in the case have not been exhausted.

It is a well established rule of general public international law that individuals who claim to be victims of a violation of their rights by a State may resort to international remedies only after having exhausted all available domestic remedies.

4.7 Finally, the State party claims that the author failed to exhaust available domestic remedies, as required by article 14, paragraph 7 (a), of the Convention, and that he had two available and effective remedies which he should have pursued in relation to his allegation of unfair dismissal.

Otherwise, he would be left without any remedy.

It does not provide enforceable remedies .

Thus, while barred from pursuing this remedy now because of the expiration of statutory deadlines, the State party observes that failure to pursue the remedy in a timely manner must be attributed to the author.

It observes that the author has not submitted that such remedies are ineffective or that such remedies would be unreasonably prolonged.

3.8 As to the exhaustion of domestic remedies, the author argues, with respect to the pending civil complaint, that a victim is only required to pursue one remedy to exhaustion (that is, the criminal complaint), even if other remedies are available.

To consider effective enforcement mechanisms and remedies.

However, it is the Committee's constant jurisprudence that the rule of exhaustion applies only to the extent that those remedies are effective and available.

The State party has indicated that the authors have not exhausted domestic remedies available to them in relation to their complaint of discrimination, in particular that they have not tried to obtain a remedy under the Canadian Charter of Rights and Freedoms.

Thus, the international responsibility of a subject of law can be invoked only when no domestic remedy is available or if domestic remedies have been exhausted or are inadequate.

Procedural issues Non exhaustion of domestic remedies

The children thus have no further domestic remedy.

Even so, for her, the issue is not how many judicial instances she may appeal to, but whether the existing law against ethnic discrimination may offer her a remedy in her opinion, it does not.

Consequently, the State must institute remedies and prescribe reasonable time limits for exercising and examining them.

8.4 Concerning the State party's arguments that on going negotiations might provide an effective remedy, the Committee referred to its jurisprudence that remedies that must be exhausted for the purposes of the Optional Protocol are, primarily, judicial remedies.

4.10 Still in the same context, the State party rejects as too broad an interpretation the argument that exhaustion of domestic remedies cannot be required if the remedies available probably would not result in a favourable outcome.

Therefore, judicial review under Rule 98 of the Supreme Court Rules is said to be both an available and an effective remedy, to which the author did not resort.

(d) All available domestic remedies have not been exhausted. This shall not be the rule where the application of the remedies is unreasonably prolonged or unlikely to bring effective relief

The Government also indicated that Saadi Bouslimani had not exhausted all domestic remedies available to him and that some of these remedies were still available.

3.8 It is submitted that all domestic remedies have been exhausted.

Another option to remedy this incompatibility would have been to treat all taxpayers equally.

2.4 The complainant claims that he has exhausted available domestic criminal remedies and refers to international jurisprudence according to which only a criminal remedy can be considered effective and sufficient in addressing violations of the kind at issue in the instant case.

The author considers that he has exhausted all domestic remedies.

In the present case, the authors had not exhausted such remedies.