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Nunavik Detainee Class Action Lawsuit Overview:
- Who: The Quebec Court of Appeal certified in its entirety a class action lawsuit filed by Nunavik residents against the Attorney General of Quebec.
- Why: Nunavik residents claim that 97.55% of individuals detained have to wait an unlawful amount of time before receiving a bail hearing.
- Where: The class action lawsuit was certified by the Quebec Court of Appeal.
A class action lawsuit seeking compensation for Nunavik residents who were detained for an unlawful amount of time before their bail hearings was certified in its entirety by the Quebec Court of Appeal.
The certification will allow class members to seek compensation of $10,000 for each day beyond three that they were detained before being granted a bail hearing, the Montreal Gazette reports.
The law in Canada stipulates that any detained person has a right to a bail hearing within three days; however, the residents of Nunavik, where nearly the entire population is Inuit, argue that 97.55% of detainees have to wait an average of three times longer.
Previously, a Quebec Superior Court judge had only authorized claimants to seek punitive damages of $50,000 for each individual whose rights were violated.
The class action lawsuit, filed against the Attorney General of Quebec, is now seeking an additional $219 million in damages, which is on top of $75 million in punitive damages sought originally, the Montreal Gazette reports.
At Least 1,5000 Nunavik Residents Included In Class Action
At least 1,500 Nunavik residents, including both men and women, were arrested a total of 3,656 times from between 2015 and 2019, according to the class action lawsuit. The complaint includes any Nunavik resident arrested since 2015 who was detained for longer than three days before being given a bail hearing.
Part of the reason for the delay is due to the fact that there is no detention facility in Nunavik so arrestees are forced to go to a courtroom in Amos, a long journey which involves stops in Montreal and St-Jérôme, according to the class action lawsuit.
The Nunavik residents, led by plaintiff Michael Carrier, argue the government could simply set up video conference bail hearings instead of requiring arrestees to go on the long journey to Amos, during which time they say they are summarily stopped and strip searched.
Carrier claims that, after being detained in July 2018, he was sent from Nunavik to Amos and didn’t make an appearance before a justice of the peace until five days after his arrest, the Montreal Gazette reports.
Last month, Inuit youth from Nunavik filed a class action lawsuit against the governments of Quebec and Canada over allegations they for decades have systematically underfunded child welfare services meant for them.
Have you had to wait longer than three days after being detained to receive a bail hearing? Let us know in the comments!
The plaintiffs are represented by Victor Chauvelot and Louis-Nicholas Coupal of Coupal Chauvelot, S.A.
The Nunavik Detainees Class Action Lawsuit is Carrier v. Attorney General of Québec, Case No. 500-06-000943-181, in the Province of Québec District of Montréal, Canada.
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