A Quebec court judge has mandated the provincial government to compensate $164 million in damages to thousands of individuals illegally detained post-arrest in a class-action lawsuit.
The ruling concerns around 24,000 people impacted by a 2015 policy change discontinuing court appearances on weekends and holidays.
The Canadian Criminal Code stipulates a 24-hour timeframe for arrested individuals to face a judge. However, the alteration in 2015 led to extended detentions for those apprehended on Saturdays or just before holidays.
Robert Kugler, the representative lawyer for the claimants, emphasized the importance of an independent court in determining who should be free, not the police.
In his verdict, Justice Donald Bisson highlighted the Quebec Justice Department and Crown prosecutor’s awareness that their actions violated the fundamental rights of detainees but proceeded due to financial considerations.
Each affected person is now eligible for $7,000 in compensation, marking one of the largest payouts from a class-action lawsuit in Quebec.
The Justice Minister and Crown prosecutor’s office have not responded to requests for comments.
The primary plaintiff, arrested in Gatineau, Quebec, on June 23, 2015, had to wait until June 25 due to the holiday before appearing in court.
During the trial, it was revealed that detainees faced challenging conditions in police holding cells, lacking adequate facilities and necessities like sanitary products.
The lawsuit, initiated in 2018, led to significant changes and the government being directed to pay $164 million plus interest.
A mechanism will likely be established to identify affected individuals for compensation without them needing to take specific actions.
The lawsuit also involved Montreal and Quebec cities, responsible for municipal courts, both of which have settled.
Kugler described the judgment as historic due to the substantial payout and its emphasis on upholding the rule of law and the presumption of innocence.
