Class Action Against City of Gatineau for Incarcerating Unhoused Persons for Unpaid Fines
Update: April 8, 2025 – Court Authorizes Class Action
Kugler Kandestin, JFB Avocats Criminalistes inc. and Alexeev Avocats LLP are pleased to announce that by Judgment (only available in French) dated September 5, 2024, the Superior Court of Québec authorized the filing of a class action on behalf of unhoused persons who were incarcerated at the request of the City of Gatineau for unpaid fines.
The class action has been authorized on behalf of the following subclasses:
SUBCLASS 1:
Any individual who has served a sentence or part of a sentence of imprisonment due to the imposition of a sentence and warrant of imprisonment for default to pay sum(s) due, issued since June 5, 2020 in the Municipal Court of Gatineau, and rendered in their absence, and
- did not have a fixed address when the application for the issuance of an order of imprisonment was presented; or
- their residence or domiciliary address was listed as unknown in their Gatineau Municipal Court collector file or corresponded to that of a shelter or service center for homeless persons, including but not limited to those listed here.
SUBCLASS 2:
Any individual who has been the subject of the imposition of a sentence and a warrant of imprisonment for default to pay sum(s) due, requested since June 5, 2020 at the Municipal Court of Gatineau, and rendered in their absence, and
- did not have a fixed address when the application for the issuance of an order of imprisonment was presented; or
- their residence or domiciliary address was listed as unknown in their Gatineau Municipal Court collector file or corresponded to that of a shelter or service center for homeless persons, such as one of the addresses listed here.
For more information, you may consult the following documents concerning the authorization of this class action:
- Notice to Members: short-form and long-form
If, at any time since June 5, 2020, you were unhoused and were sentenced to imprisonment under a warrant of imprisonment for non-payment of sum(s) due, whether you have served this sentence, part of this sentence or not, we encourage you to speak to one of our lawyers:
Your communications with us are free and are strictly confidential.
| Eva Richard 514-360-8868 erichard@kklex.com | Emily Painter 514-360-3462 epainter@kklex.com |
We will continue to update this page as the case progresses.
Kugler Kandestin and JFB Avocats Criminalistes Inc. have filed an application for authorization to institute a class action in the Superior Court of Québec on behalf of unhoused persons who were incarcerated at the request of the City of Gatineau for unpaid fines.
Since June 5, 2020, the Code of Penal Procedure prohibits the incarceration of people with unpaid fines if they do not have the means to pay those fines. The application for authorization alleges that, despite this prohibition, the City of Gatineau routinely seeks and obtains terms of imprisonment for these individuals. This class action claims compensatory and punitive damages from the City for the illegal imprisonment of class members.
If, at any time since June 5, 2020, you were unhoused and served all or part of a term of imprisonment for unpaid fines, we encourage you to speak with one of the lawyers below.
Your communications with us are free and are strictly confidential.
| Eva Richard 514-360-8868 erichard@kklex.com | Emily Painter 514-360-3462 epainter@kklex.com |
We will continue to update this page as the case progresses.