148.
At that same Public Hearing, Counsel for the Applicant also cited Article 3 of the
Charter which guarantees the right to equality before the law.
149. In its Response, the Respondent State refutes the allegation of discrimination and
demanded that the Applicant provide concrete proof of this allegation; it affirmed that the
Applicant has never been discriminated against.
150. The Respondent State also reiterates that the Applicant has not been discriminated
against on the grounds that he did not have the means to pay a lawyer; that the fact of
not having
a lawyer does
not place
him
at a disadvantage
given
that the Criminal
Procedure Act allows him to understand the charges brought against him and to defend
himself. The Respondent State concludes that the allegation is baseless, lacks merit and
should be dismissed.
151. At the Public Hearing, the Respondent State reiterated its position and argued that
"the Applicant has not demonstrated in what way he was discriminated against and does not say
what he calls preferential treatment of other accused persons who were in the same situation and
circumstances as he is in’.
152. The Court reiterates that the right to equality and non-discrimination is guaranteed
by Article 3 of the Charter which provides that:
“4, Every individual shall be equal before the law.
2. Every individual shall be entitled to equal protection of the law ".
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