November 19, 2024
Hearing on the Merits of the Class Action Against the Attorney General of Québec
We are pleased to announce that the hearing of the class action against the Attorney General of Québec will take place from January 22 to February 12, 2025.
Please note that group members are not required to attend the hearing to benefit from the eventual judgment. A collective recovery is being sought, so if you meet the compensation criteria and a favorable judgment is obtained, group members are not required to register to benefit from potential compensation at this stage of the case. However, if you wish, you may send us your updated contact information by email so we can reach out to you once the judgment is rendered.
Me Sophie-Anne Décarie
medecarie@dsavocats.ca
(819) 770-6666, ext. 441
Me Jean-François Benoît
jfb@avocat-droit-criminel.com
(819) 770-4888, ext. 112
Me Robert Kugler
rkugler@kklex.com
(514) 360-8882
Me Alexandre Brosseau-Wery
awery@kklex.com
(514) 360-8865
Me Éva Richard
erichard@kklex.com
(514) 360-8868
October 8th 2023
Partial settlement of the class action against the City of Montreal for failure to have detainees appear in court within 24 hours of their arrest
We are pleased to announce that a partial settlement of the class action lawsuit against the Attorney General of Quebec, the City of Montreal and the City of Quebec has been reached. The partial settlement concerns only the City of Montreal, for the benefit of persons who were arrested and detained for a period of more than 24 consecutive hours without appearing in the Municipal Court of Montreal, while the courts were not in session.
Under the partial settlement, the City of Montreal will pay a global amount of $4,300,000 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 Quebec on behalf of all class members. The class action has already been settled with Quebec City.
If you or someone you know is a member of the class, you can contact class counsel:
Me Sophie-Anne Décarie
medecarie@dsavocats.ca
(819) 770-6666, extension 201
Me Jean-François Benoît
jfb@avocat-droit-criminel.com
(819) 770-4888, extension 112
Me Robert Kugler
rkugler@kklex.com
(514) 360-8882
Me Alexandre Brosseau-Wery
awery@kklex.com
(514) 360-8865
Me Éva Richard
erichard@kklex.com
(514) 360-8868
You may wish to review the following documents to understand the terms of the settlement and its benefits to class members:
- Application for Approval
- Partial Settlement Agreement
- Notice to Members (pages 3 & 4)
- Amended Class Action Lawsuit
If the Superior Court of Québec approves the partial settlement, we will communicate additional information regarding the next steps.
Collective Action Detention of over 24 hours
December 17, 2021
the Superior Court approves the partial settlement of class action against Québec City for failure to have detainees appear in court within 24 hours of their arrest
We are pleased to announce that on December 13, 2021, the Honourable Justice Chantal Corriveau of 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 intervenes 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.
The class action continues against the Attorney General of Quebec and the City of Montreal on behalf of all class members.
How do I know if I am eligible to receive monetary compensation?
Please contact class counsel, at the coordinates below, to find out if you have been identified as an eligible member. We have already identified 120 people and we will be able to confirm if you are on the list. If you are on the list of eligible members, you will automatically be compensated by cheque.
In every case, we invite you to contact us to update your mailing address to make sure you receive your cheque by mail.
What must I do if I am not on the list but believe that I am eligible because my right to appear within 24 hours has been violated?
You have until Sunday, March 13, 2022 at midnight to send the following four items of information to class counsel, by email, telephone or fax at the contact information below:
- Your full name;
- Your date of birth;
- Your full mailing address; and
- The month(s) and year(s) in which you believe you were arrested and detained for more than 24 consecutive hours in Quebec City.
We will then evaluate your situation and inform you in April 2022 if you are eligible to benefit from the partial settlement agreement.
You can consult the following documents to understand the terms of the settlement and its benefits for class members:
- Judgment approving the Application for Approval of a Partial Class Action Settlement Agreement and Class Counsel Fees
- Partial Settlement Agreement
- Notice of Approval to Members
If you or someone you know is a member of the class, you can contact class counsel.
The coordinates of class counsel are:
Mtre Sophie-Anne Décarie
medecarie@dsavocats.ca
(819) 770-6666, extension 441
Mtre Jean-François Benoît
jfb@avocat-droit-criminel.com
(819) 770-4888, extension 112
Mtre Robert Kugler
rkugler@kklex.com
(514) 878-2861, extension 116
Mtre Alexandre Brosseau-Wery
awery@kklex.com
(514) 878-2861, extension 147
Mtre Éva Richard
erichard@kklex.com
(514) 878-2861, extension 141
BENOIT ATCHOM MAKOMA C. ATTORNEY GENERAL OF QUEBEC, THE CITY OF QUEBEC AND THE CITY OF MONTREAL
November 16, 2021
Partial settlement of the class action against the Québec City for failure to have detainees appear in court within 24 hours of their arrest
We are pleased to announce that a partial settlement of the class action lawsuit against the Attorney General of Quebec, the City of Montreal and the City of Quebec has been reached. The partial settlement concerns only Québec City, for the benefit of persons who were arrested and held in detention 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.
Under the partial settlement, Québec City will pay a global amount of $412,750 to be distributed to class members who are eligible under the settlement agreement during the period from December 15, 2017 to February 9, 2020.
The class action continues against the Attorney General of Quebec and the City of Montreal on behalf of all class members.
As is required by law, in order for a class action settlement to be valid, it must be approved by the Court. On December 3rd, 2021, a hearing will be held by videoconference before the Superior Court of Québec during which class counsel will present an application for approval of the settlement.
You may wish to review the following documents to understand the terms of the settlement and its benefits to class members:
- Application for Approval of a Partial Class Action Settlement Agreement and Class Counsel Fees
- Partial Settlement Agreement
- Notice to Members
- Amended Class Action Statement of Claim
If the Superior Court of Québec approves the partial settlement, we will communicate additional information regarding the next steps.
You can view the Notice informing class members of the hearing of the application for approval and how to attend virtually. Please note that class members do not have to attend the hearing in order to benefit from the settlement.
If you or someone you know is a member of the class, you can contact class counsel:
Mtre Sophie-Anne Décarie
medecarie@dsavocats.ca
(819) 770-6666, extension 201
Mtre Jean-François Benoît
jfb@avocat-droit-criminel.com
(819) 770-4888, extension 112
Mtre Robert Kugler
rkugler@kklex.com
(514) 878-2861, extension 116
Mtre Alexandre Brosseau-Wery
awery@kklex.com
(514) 878-2861, extension 147
Mtre Éva Richard
erichard@kklex.com
(514) 878-2861, extension 141
July 9, 2019
BENOIT ATCHOM MAKOMA C. ATTORNEY GENERAL OF QUEBEC, THE CITY OF QUEBEC AND THE CITY OF MONTREAL
DS Décarie Lawyers obtained the authorization to file a class action against the Attorney General of Quebec, the City of Quebec and the City of Montreal.
See ruling : Atchom Makoma c. Procureur générale du Québec (Attorney General of Quebec)
The request claims that since 2015, the Crown systematically violates fundamental rights of citizens by not taking the necessary measures to allow peace officers to respect section 503 of the Criminal Code that demands that any detained person must be brought before a judge in a maximal delay of 24 hours. The request claims that the system in place does not respect the Quebec and Federal Charter of Human Rights and Freedoms in such a way that the Crown systematically violates the fundamental rights of its citizens.
This collective action aims to obtain compensatory damages for the prejudice suffered by the group members because of their illegal detention and punitive damages for the systematic and intentional infringement of their fundamental rights.
Group members
The group currently defined in the request for authorization to exert a collective action targets these people:
‘’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 this group and wish to receive information on the case, you can subscribe to our mailing list by filling out this form.
Under the rules of Quebec, you are automatically a part of the collective action if you meet the group definition. This way, there is no need for you to fill out any other form to be part of the collective action. Furthermore, we encourage you to fill out this form if you want to be informed of the developments of this case.
Please take note that, for the moment, you have no steps to take or claims to fill out.
The case is not over.
Registration for the collective action
NOTICE REGARDING THE REGISTRATION FORM
If you believe that you are a member of the group, we ask you to fill out and send us the present registration form.
However, although the information you give us might be useful in our pursuit of the case, we will currently not proceed to a detailed analysis of these particular cases. Likewise, sending us this form does not guarantee that you will receive an indemnity of any kind. A claim process will eventually be established in case of a favorable result.
In fact, the court will ultimately judge the claim and terms of indemnity. Plus, the group definition could be modified in the course of proceedings, which could exclude you from the target group.
Member’s Coordinates
We will try to communicate all favourable final results via email to the members of the group whose coordinates we have. However, we invite you to stay informed via our website or newspapers since any favourable decision will be publicly announced.
We thank you for your interest in our collective action and invite you to advise us on any changes in your coordinates. We wish to assure you, Sir/Madam, of our highest consideration