Benoît Atchom Makoma v. The Attorney General of the province of Quebec and Montreal City and Quebec City

CLASS ACTION REQUEST No 550-06-000030-180

DETENTION OF MORE THAN 24H WITHOUT APPEARANCE

The cause

On June 14, 2018, Benoît Atchom Makoma, represented by Décarie Lawyers & Notaries, in collaboration with JFB, criminal lawyers, filed an application for authorization to institute a class action against the Attorney General of Quebec, the city of Quebec and the city of Montreal.

The application alleges that since 2015, the State systematically violates the fundamental rights of its citizens by failing to take the necessary measures to allow peace officers to comply with section 503 of the Criminal Code which requires that every person detained be brought before a judge within a maximum of 24 hours. The application also alleges that the system in place does not comply with sections 24 and 30 of the Charter of Human Rights and Freedoms so that the State systematically violates the fundamental rights of its citizens.

The purpose of this class action is to obtain compensatory damages for the harm suffered by class members as a result of their unlawful detention and punitive damages for intentional and systematic interference with their fundamental rights.  

Group members

The group currently defined in the application for authorization to institute a class action is for the following persons:

‘’All persons arrested and detained in Quebec after June 19, 2015, for a period of more than 24 consecutive hours without appearing, whereas during this period of detention the courts did not sit [due to the fact that it was on Saturdays, Sundays or public holidays]’’

If you think you are a member of the group and wish to receive information on the progress of the case, you can subscribe to our mailing list by filling out the form below.

Under Quebec rules, you AUTOMATICALLY become part of the class action as long as you meet the definition of the group. Thus, no need for you to fulfill any other formality to be part of the class action. In addition, we encourage you to complete the form below if you wish to be kept informed of any progress in this case.

Please note that, for the moment, you have no steps to take or any claim to complete.

The class action is ongoing. 

FOR THE QUEBEC SUPERIOR COURT’S DECISION OF AUTHORIZATION

FOR MORE INFORMATION

Phone: 819-770-6666 #201



REGISTRATION TO THE CLASS ACTION

NOTICE REGARDING THE REGISTRATION FORM

We are asking you to complete and send us the following registration form.

However, please note that although the information you provide to us may be useful in the pursuit of our class action, we will not necessarily proceed to a detailed analysis of each particular case. Likewise, the fact of sending us this form does not assure you of any compensation whatsoever. A claim process will eventually be put in place in the event of a favorable outcome.

Indeed, it will ultimately be up to the Court to decide on the merits of the class action and the terms of compensation. Furthermore, the definition of the group may be amended in the course of the proceeding, which could result in you being excluded from the target group.

We will try to communicate any favorable end result by e-mail to the members of the group whose contact details we received. However, we invite you to stay informed through our website as well as through the newspapers as any favorable decision will be the subject of a notice published in newspapers

We will try to communicate any favorable end result by e-mail to the members of the group whose contact details we received. However, we invite you to stay informed through our website as well as through the newspapers as any favorable decision will be the subject of a notice published in newspapers

MEMBER CONTACT

First Name
Name

Date of Birth

Date of Birth

Current Address

Email

Phone number (1)

Phone number (2)

Language of correspondence

Would you be willing to testify?

Place where detention of more than 24 hours has taken place

Date and time of arrest (if known)

Date and time of appearance (if known)

CONTACT OF A RELATIVE

First Name
Name

Address

Email

Phone Number (1)

Phone Number (2)

Language of correspondence

Relation with the member (mother, father, friend, other representative)

Authorization to obtain your file


In the course of the class action, we may be able to obtain a copy of your file from the Directeur des poursuites criminelles et pénales and from the police force that made the arrest. Your file with these authorities will contain information to establish the length of your detention prior to your appearance. This information may be useful to us in the course of the class action and may be used by you at a later date to file a claim in the event of a favorable judgment or settlement agreement. By clicking the ‘’submit’’ button below, which will act as your electronic signature, you authorize Décarie Lawyers & Notaries to obtain a copy of your file from the competent authorities. If you do not wish to give us permission, please check the box below.