Ongoing Class Actions

Both the Canadian and Québec Charters guarantee adults the right to vote. Such a right is fundamental in order to enable citizens to properly participate in democracy.

For many years, the Canadian and Québec governments have deprived thousands of individuals in detention of the ability to vote.

Kugler Kandestin has filed an Application for authorization to institute a class action seeking monetary damages for individuals who have been deprived of their ability to vote in numerous federal (Class 1) elections and Québec provincial (Class 2) by-elections. The Application seeks to represent individuals in the following classes:

Class 1

“Since August 21, 2019, any Canadian citizen 18 years of age or older detained on the day of a federal election or by-election of Members of the House of Commons, and who was initially admitted to detention in Canada less than 12 days prior to polling day, who was unable to vote.

Class 1 members are those who were initially admitted to detention:

Federal general election

• Between April 17 and April 28, 2025, and who were still in detention on April 28, 2025 (Federal election day);
• Between September 9 and 20, 2021, and who were still in custody on September 20, 2021 (Federal election day);

• Between October 10 and 21, 2019, and still held on October 21, 2019 (Federal election day);

Federal by-elections

• Between August 7 and 18, 2025, and still held on August 18, 2025 (Battle River – Crowfoot, Alberta);
• Between December 5 and 16, 2024, and still held on December 16, 2024 (Cloverdale – Langley City, British Columbia);

• Between September 5 and 16, 2024, and still held on September 16, 2024 (Elmwood – Transcona, Manitoba; LaSalle-Émard-Verdun, Québec);
• Between June 13 and 24, 2024, and still held on June 24, 2024 (Toronto – St. Paul’s, Ontario);
• Between February 22 and March 4, 2024, and still held on March 4, 2024 (Durham, Ontario);

• Between July 13 and 24, 2023, and still held on July 24, 2023 (Calgary Heritage, Alberta);

• Between June 8 and 19, 2023, and still held on June 19, 2023 (Notre-Dame-de-Grâce-Westmount, Québec; Portage-Lisgar, Manitoba; Winnipeg South Centre, Manitoba; Oxford, Ontario);

• Between December 1 and 12, 2022, and who were still detained on December 12, 2022 (Mississauga – Lakeshore, Ontario).

Class 1 excludes citizens detained in a place designated under subsection 205(1) of the National Defence Act, and citizens who voted before their admission to detention, at an advance poll or by mail. (“Class 1“);

Class 2

“As of August 21, 2022, any Canadian citizen who was 18 years of age or older, domiciled in Québec and detained on the day of a provincial election or by-election of the Members of the National Assembly, and who was initially admitted to detention less than 16 days prior polling day, who was unable to vote.

Class 2 members are those who were initially admitted to detention:

Québec provincial general election

• Between September 18 and October 3, 2022, and were still detained on October 3, 2022 (Québec provincial election day);

Québec provincial by-elections

• Between February 26 and March 13, 2023, and still in custody on March 13, 2023 (Saint-Henri-Sainte-Anne);
• Between September 17 and October 2, 2023, and still held on October 2, 2023 (Jean-Talon);

• Between March 2 and March 17, 2025, and still held on March 17, 2025 (Terrebonne);

• Between July 27 and August 11, 2025, and who were still detained on August 11, 2025 (Arthabaska).

Class 2 excludes citizens who voted before their admission to detention, at an advance poll or by mail. (“Class  2“);

(Class 1 and Class 2 collectively, the “Class“).

Please note that class members do not need to take any action at this stage. If you believe you are affected by this class action, please complete the registration form. Your communications with us are free of charge and will remain strictly confidential.

The attorneys on our team working on this class action are:

Robert Kugler              Alexandre Brosseau-Wery 

Éva Richard                  Emily Painter

We will update this page as the case progresses.

Kugler Kandestin is a boutique law firm based in Montreal that will celebrate its 100-year anniversary next year. The firm has won numerous landmark judgments and is proud to be representing thousands of individuals whose fundamental Charter rights have been breached by government. The firm recently obtained a judgment in a class action condemning the Québec government to pay damages in excess of $164 million to individuals in detention whose right to appear before a justice of the peace within the maximum delay provided by law was violated.