IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL FOR QUEBEC

The importance of the principle that the SIA negates is the essential context for a full understanding of the impact of the SIA on the appellant Hashemi and, accordingly, for a proper appreciation of his claim under s. [...] In drafting the ICCPR, all state parties accepted that “the proper enforcement of the provisions of the covenant depended on guarantees of the individual’s rights against abuse, which comprised the following elements: the possession of a legal remedy, the granting of this remedy by national authorities and the enforcement of the remedy by the competent authorities.”18 16. [...] The ICCPR’s remedial provisions are replicated in regional human rights instruments, including the American Convention on Human Rights (“ACHR”) 19 and the European Convention on Human Rights (“ECHR”).20 According to the Inter-American Court of Human Rights (“IACtHR”), the right to a remedy constitutes “one of the basic pillars” not only of the 16 Universal Declaration of Human Rights, GA Res 217(I. [...] The right to a remedy is respected when the law ensures access to a court of competent jurisdiction for the adjudication of a claim for a remedy for the violation of a right. [...] 9 right to a fair trial does not require application of procedures most favourable to the accused,39 but simply consideration for the accused’s interests and the interests of society in the fair resolution of a trial,40 the right to a remedy simply requires that an individual be allowed access to an effective remedy.