E/CN.4/2001/21 page 27 66. With respect to complaints relating to lack of legal representation from Dr. and Mrs. Ofume, we can provide the following details received from the Nova Scotia Legal Aid and can report as follows. 67. Mrs. Ofume had filed an Originating Notice (Ex Parte Application) in the Supreme Court of Nova Scotia. The Originating Notice dated 26 January 2000, asked “for an Order to rescind the suspension of the applicant” who had been dismissed as a student by the St. Joseph’s College of Early Childhood Education, the date of dismissal being 17 January 2000. Mrs. Ofume’s Originating Notice also cited a “series of complaints of racism, segregation, life threatening, indecent name calling and discrimination in the classroom and College premises”. In addition to the Originating Notice there was an extensive affidavit filed in support of the application which was sworn by Mrs. Ofume on 19 January 2000. Throughout these proceedings, Mrs. Ofume was represented by her husband, Dr. Phillip Ofume, a capable and articulate advocate who was able to secure a hearing before the Supreme Court and put forward Mrs. Ofume’s grievances. 68. Based on the documentation that was filed in the proceeding, it appears that in addition to the Supreme Court of Nova Scotia, the plight of Mrs. Ofume was communicated to other agencies and tribunals within the Province, at the national level and at the international level, including the Nova Scotia Human Rights Commission, the Minister of Justice, the Honourable Premier of Nova Scotia, John Hamm, the African Canadian Human Rights Association, and Anti-Refugee Slavery International. 69. The proceedings in the Supreme Court of Nova Scotia, Trial Division were presided over by Chief Justice Joseph P. Kennedy. In the course of the court proceedings there was dialogue in “open court” between Dr. Ofume and the Chief Justice concerning the desirability of Mrs. Ofume being represented by legal counsel and the status of Mrs. Ofume’s request for legal aid services. Dr. Ofume agreed to act on the court’s suggestion that counsel be retained and he contacted the Nova Scotia Legal Aid Commission to make arrangements for legal aid services. The Legal Aid Commission was receptive to Dr. Ofume’s request for assistance and met with both Dr. and Mrs. Ofume on 24 March 2000, at the offices of Nova Scotia Legal Aid in Halifax. Dr. and Mrs. Ofume met with Walter I. Yeadon, a Director of the Nova Scotia Legal Aid Commission. 70. On 28 March 2000, Dr. Ofume was given a letter which authorized the provision of legal aid services by way of a Legal Aid certificate. A legal aid certificate is a document issued by the Nova Scotia Legal Aid Commission to lawyers in private practice which confirms that the Commission will pay the fees of the lawyer in connection with providing legal services to a named individual. Dr. Ofume was also provided with a list of lawyers practising in the Halifax Regional Municipality that ordinarily represent clients on the basis of a Legal Aid certificate. Dr. Ofume was advised that the lawyers whose names appeared on the list were not obliged to provide representation with respect to any given proceeding. The decision of whether to take the case or accept the retainer was a matter solely within the discretion of the lawyer being consulted on the matter. In making that decision, the lawyer would be guided by, among other things, his or her assessment of the legal merit (viability of the legal issues being advanced) and whether the expectations of the client could be adequately or substantially fulfilled.