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
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.
Your communications with us are free and are strictly confidential.
| Sophie-Anne Décarie sadecarie@decarieinc.ca 819-770-6666, extension 201 | Jean-François Benoît jfb@avocat-droit-criminel.com 819-770-4888, extension 112 |
| Robert Kugler rkugler@kklex.com 514-360-8882 | Alexandre Brosseau-Wery awery@kklex.com 514-360-8865 |
| Éva Richard erichard@kklex.com 514-360-8868 | |
We will continue to update this page as the case progresses.
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.