Olivier v. Canada

Appellant's Factum


Appellant's Appellate Brief in Alain Olivier v. Canada in the Quebec Court of Appeal. Alain Olivier was lured by the Royal Canadian Mounted Police to go to Thailand, based on false informations given by a rogue police informant and on a mistaken criminal record (his brother's). In order to lure him the RCMP staged a fake murder scenario to intimidate Alain Olivier and ensure his obedience. The purpose was to catch a major Thai producer. Since Olivier did not know anybody, he was coerced to obtain whatever he could. After days in Thailand seeking what he could from ordinary street pushers, found the minimal amount wanted by the undercover Canadian cops. Upon finding a supplier he was arrested, handed to the Thai authorities and sentenced to life in prison in Thailand.

He only learned his agressors were police officers once arrested and asked for a review of RCMP conduct via petitions. He was only repatriated to Canada after eight years in terrible conditions in Thailand.

At all times, the Thai government was told by Canadian officials Alain Olivier had an extensive criminal record (which was false because he did not, his brother did).

Alain Olivier sued the Government and the Officers in Quebec Superior Court in Montreal. The case was dismissed based on Quebec's statute of limitations and a finding by Justice Caron jcs that he was only in an impossibility to file a lawsuit until sometime after 1993 and not until his transfer to Canada in 1997.

In the appeal, we are trying to reverse this decision arguing a person incarcerated in Thailand is in no position or possiblity to file a lawsuit in Canada and that in any event it should be the Federal Statute of Limitations that applies, as the originating facts took place in more than one province.

Alain's plight has been documented by Canadian television (see his program at www.ctv.ca and follow the links to Operation Deception.

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Reference Info:Appellate Brief | State, 1st Circuit, Maine | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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