protected under Article 2 of the Charter, (C) the alleged violation of the right
to equality before the law and the right to equal protection of the law,
protected under Article 3 of the Charter, (D) the violation of the right to life,
protected under Article 4 of the Charter, and, finally, (E) the violation of the
right to dignity, guaranteed under Article 5 of the Charter.
A. Alleged violation of the right to have one’s cause heard
70. The Court observes, from the record, that the Applicant essentially raises
two (2) grievances against the domestic courts, whose actions or omissions
he claims violated his right to be heard as protected under Article 7(1) of the
Charter. These grievances are:
i.
The evidence based on which he was convicted was not properly
examined and evaluated; and
ii.
His application for review of the Court of Appeal’s judgment was unjustly
denied.
71. The Court will proceed to examine these two (2) grievances in light of Article
7(1) of the Charter.
i.
Allegation that evidence was not properly examined and evaluated
72. The Applicant alleges that both the trial and appellate courts completely
misapprehended the substance and quality of the evidence, resulting in an
unfair conviction, considering that the evidence used to convict him was
doubtful and lacked credibility.
73. Specifically, the Applicant claims that his conviction was based on a
misdirection on points of law considering that it was based on an extrajudicial statement of the Applicant and the co-accused (P-8 and P-9), as
well as on allegedly stolen articles (P-7), which were admitted and
considered by the trial court and upheld by the Court of Appeal.
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