As explained in the post, “Ensuring the Validity of Your Protest“, every year about a third of the protests and requests for redress heard in Ottawa are deemed invalid. This is unfortunate, since an invalid protest accomplishes little; it is akin to a criminal getting off on a legal technicality.
For better or worse, a formal determination that a protest is invalid can only be made by a protest committee, normally with both parties to the protest present. This means that five or more people must meet to determine that the protester did not follow the requirements of RRS 61.
However, sometimes it is obvious to the protest coordinator that a protest, or request for redress, will be determined invalid. In such a situation, the protest coordinator may choose to contact the protester, explain the requirements of RRS 61, and point out why he/she considers the protest/RFR would be deemed invalid. The protester would then have the option of withdrawing the protest.
The intent here is not to discourage protests. And it should be emphasized to the protester that the protest might be quite legitimate (i.e. the other boat may clearly have broken a rule), but if the protest is invalid, i.e. it does not comply with RRS 61, then it will not be heard.
If after the Protest Coordinator has explained that the protest might be deemed invalid, the protester nevertheless wishes to proceed, then the protest coordinator must convene a hearing. It will then be up to the protest committee to determine the validity of the protest.
Hugh Morrin, Protest Coordinator.
Page updated: 2014-07-20.
Page maintained by H. Morrin.