Class Action Against the Attorney General of Québec, the City of Montréal and the City of Québec Relating to Failure of Detainees to Appear in Court Within 24 Hours
Update : July 4, 2025 – Appeal of the Superior Court Judgment
On June 23, 2025, the Attorney General of Québec appealed the Judgment maintaining the class action brought on behalf of individuals arrested and detained who were deprived of their fundamental right to appear before a justice of the peace within a maximum of 24 hours. To succeed on appeal, the Attorney General of Québec will have to convince the Court of Appeal that the trial judge made manifest and determinant errors of fact and/or errors of law that resulted in the class action being wrongly decided. We remain fully confident in the merits of this case and are convinced that the trial judge rendered a just and legally sound decision.
We will take this opportunity to seek additional damages for class members as part of the appeal process. No witnesses will be heard, and no new evidence will be filed in appeal. We are hopeful that we will have a hearing presided by a panel of the Court of Appeal within 12 to 18 months.
For the time being, class members can register their name for the class action by completing the online registration form. There is otherwise nothing that class members need to do at this stage.
We will provide a further update once the Court of Appeal renders Judgment.
Kugler Kandestin is extremely pleased to report that the Superior Court of Québec granted the class action, condemning the Attorney General of Québec to pay $7,000 to approximately 24,000 individuals whose constitutional rights were knowingly violated by the State. The total amount that the Attorney General of Québec must pay is in excess of $230 million, representing one of the largest damage awards in Québec history.
“We are extremely proud to have succeeded with this class action, which allows so many marginalized individuals to receive justice that they have long deserved” said Robert Kugler, Alexandre Brosseau-Wery and Éva Richard, who handled the case for several years.
Kugler Kandestin has represented thousands of individuals whose Charter rights have been violated, ensuring that they are able to access justice.
Further updates will be posted once it is determined whether the Judgment will be appealed.
If you believe you are affected by this class action and would like to receive more information when available, please complete the registration form.
Sophie-Anne Décarie | Jean-François Benoît |
Robert Kugler | Alexandre Brosseau-Wery |
Éva Richard | Danica Garner |
Class counsel has filed the remodified class action lawsuit on behalf of individuals whose right to an appearance within 24 hours of arrest, provided for in section 503 of the Criminal Code, was violated due to the alleged systemic failure to implement a province-wide appearance system on Sundays and statutory holidays.
On November 23, 2020, Décarie Avocats and JFB Avocats Criminalistes retained the services of Kugler Kandestin to represent the members and act as counsel.
If, at any time since June 19, 2015, you have been arrested and detained in Quebec, for a period of more than 24 consecutive hours without appearing, while during this period of detention the courts were not sitting on Sundays and holidays, we encourage you to contact one of the lawyers below.
We are pleased to announce that in December 2023, the Superior Court of Québec rendered a judgment approving the partial settlement of the class action lawsuit with the City of Montréal. The partial settlement concerns only the City of Montréal for the benefit of persons who were arrested and detained for a period of more than 24 consecutive hours without appearing at the Municipal Court of Montréal, while the courts were not in session.
Under the partial settlement, the City of Montréal will pay a global amount of $4.3 million to be distributed to class members who are eligible under the settlement agreement during the period from December 15, 2017, to March 20, 2020.
The class action continues against the Attorney General of Québec on behalf of all class members. The class action has already been settled with Québec City.
We are pleased to announce that in December 2021, the Superior Court of Québec rendered a judgment approving a partial settlement of $412,750 with Québec City in the class action regarding the right of detainees across the province to appear within 24 hours of an arrest.
The partial settlement is only with Québec City, for the benefit of persons arrested and detained in Québec City for a period of more than 24 consecutive hours without appearing in the Municipal Court of Québec City, while the courts were not in session.
Class members who are eligible under the approved settlement agreement were detained during the period between December 15, 2017 and February 9, 2020. Each eligible member will be entitled to estimated net amounts between $2,260 and $6,780. These amounts will vary per member depending on the number of eligible detentions experienced by the member and the result of the process for adding members.