Question on Exhaustion of Domestic Remedies



Robert W. Gauthier v. Canada, Human Rights Committee, Communication No 633/1995, 5 May 1999.
The Committee examined the domestic remedies and came to the conclusion that no effective remedies were available to the author.

This case illustrates how the Committee uses the context of the case to determine whether the domestic remedies were effective.

Offering specific facts as to the domestic remedies that the victim attempted to use to address the claim is essential to making such an argument. Details as to the outcome of these attempts help to reveal to the Committee why domestic remedies would not achieve a satisfactory resolution to this claim.

Details of Gauthier v. Canada: Read online


Analysis of views and decisions prepared for IWRAW Asia Pacific by Amanda Norejko, former student of New York University, International Human Rights Clinic