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Quebec City Detention Settlement Overview:
- Who: Quebec City agreed to pay over $410,000 CAD in a collection action settlement.
- Why: The city of Quebec allegedly violates criminal code by detaining Canadians for longer than 24 hours without a court appearance.
- Where: The Canadian Superior Court for Quebec Province awarded final approval to the settlement.
The city of Quebec will pay over $410,000 to resolve claims it unlawfully arrested and detained people without allowing them to appear in court.
The partial settlement benefits those who were detained in Quebec City for more than 24 consecutive hours without appearing before the Municipal Court of Quebec between Dec. 15, 2017 and Feb. 9, 2020.
At least 120 people have been identified as part of this group by attorneys and the City of Quebec. However, thousands of detainees could be included in the settlement.
In the Cities of Quebec and Montreal, Canadians are guaranteed the right to appear in municipal court within 24 hours of being arrested. These rights are part of the Criminal Code, Quebec’s Charter of Human Rights and Freedoms, and the Canadian Charter of Rights and Freedoms.
“It’s the state’s role to put in place a system that permits citizens who are detained to appear within 24 hours each time they’re detained,” a leading lawyer in the class action lawsuit told CBC. “It’s a fundamental, constitutional obligation.”
Despite these fundamental obligations, the city of Quebec allegedly fails to honor the rights of arrested Canadians. Lead plaintiff Benoît Atchom Makoma claims that he was arrested in June 2015 and had to wait 38 hours before appearing in court — 14 hours beyond the 24-hour window.
The city has not admitted any wrongdoing but agreed to a settlement of $412,750.
Payments in the partial settlement will vary, but are estimated to be between $2,260 and $6,780. Payments may be decreased with the addition of more Class Members and affected detentions.
The 120 Class Members identified by the settlement will automatically receive their payment via a check.
However, those who believe they are affected by the partial settlement can contact the prosecutors’ group to check their eligibility and update their contact information.
Anyone who believes they are impacted by the settlement but were not identified as a Class Member must contact Class counsel by March 13, 2022.
If you have already been identified, you do not have to take any action.
The Superior Court approved the settlement on Dec. 13, 2021. However, this is only a partial settlement with the city of Quebec — the collective action claims continue against the attorney general of Quebec and the city of Montreal.
Canadians with legal claims against these defendants may not benefit from the partial settlement with Quebec, though other settlements may be reached with remaining defendants in the future.
More information is available on the settlement website.
Class Counsel includes barristers and solicitors from Décarie Avocats Lawyers Inc., JFB Avocat Criminaliste Inc., and Kugler Kandestin LLP.
Don’t Miss Out!
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
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