E/CN.4/2001/21
page 28
71.
Dr. Ofume made diligent efforts to engage counsel on behalf of his wife, on the basis that
the cost of counsel would be borne by the Nova Scotia Legal Aid Commission. Regrettably,
Dr. Ofume was not able to find counsel prepared to assume conduct of the proceeding. The fact
that Dr. Ofume was unable to engage the services of counsel might be based on the assessment
of legal merit on the part of counsel contacted; may have its origin in the perception of counsel
that Dr. Ofume might insist on directing the course of the litigation; or may arise, as stated by
Dr. Ofume to the Special Rapporteur, in the “reluctance on the part of lawyers in Nova Scotia to
represent clients who wish to file claims of racism, discrimination and segregation”. For
whatever reason, Dr. Ofume was not able to engage counsel despite being given a letter
authorizing the provision of legal aid services by way of a Legal Aid certificate.
72.
We trust that these reports from the Nova Scotia Human Rights Commission and
Nova Scotia Legal Aid will provide sufficient information for the Special Rapporteur with
respect to his investigations.
73.
We wish to note that despite Dr. and Mrs. Ofume’s allegations respecting systematic and
institutional discrimination in the justice system, education, employment, housing, health care
and social assistance, we have no specific information which supports Dr. and Mrs. Ofume’s
specific allegations with respect to differential treatment in these areas or through the social
assistance programme. We are not aware of any other specific complaints. Although we have
received considerable correspondence from Dr. and Mrs. Ofume respecting these matters, it is
the Department’s view these matters should be reviewed and investigated by an independent
body, namely the Human Rights Commission, which has proceeded to do so and has responded
accordingly.
4. Reply by the Canadian Government to urgent action request
74.
The Governments of Canada and Nova Scotia replied to the allegation, stating that they
received with grave and serious concern the matters raised in the letter from the Special
Rapporteur.
75.
The allegations that the Government of Nova Scotia is participating with the Government
of Canada in a campaign to stop Dr. and Mrs. Ofume campaigning for civil liberties or to require
that they disband certain non-governmental organizations (NGOs) in which they participate are
denied by the Governments of Canada and Nova Scotia.
76.
The Governments of Canada and Nova Scotia welcomed the efforts of organizations and
persons who work to advance the eradication of all forms of racism, racial discrimination,
xenophobia and related intolerance. In Canada, the Charter of Rights and Freedoms and the
Canadian Human Rights Act prohibit discrimination by government or its agencies acting under
the laws of Canada. In Nova Scotia, the Human Rights Act prohibits discrimination, inter alia on
the basis of race, colour, creed, religion, ethnic, national or aboriginal origin. Both Canada and
Nova Scotia have Human Rights Commissions charged with the responsibility of inquiring into
allegations of discrimination in breach of those acts.
77.
Under this human rights legislation and other statutes and laws of both Canada and
Nova Scotia, as reported in Canada’s various reports to the United Nations pursuant to its treaty