Cause of action

March 7th 2024 update: The class action has been dismissed by Supreme court of Canada, as leave to appeal was not granted. Certification was not allowed.

Amended request for certification filed on 2021.02.09

Judgment denying certification of the class action rendered on 2021.12.07

Notice of appeal filed on 2022.01.11 / Appelant’s Factum

When a person convicted of a crime respects the law after their release, he or she normally has the right to request that his or her criminal record be suspended after a certain number of years. Formerly known as a "pardon," this process allows the person being pardoned to be free of the stigma associated with their past.

The purpose of this class action is to compensate individuals who were prevented from applying for a pardon due to the extension of waiting periods adopted by the Government of Canada in 2010 and 2012.

During this period, the waiting periods to be eligible for a pardon were extended from three (3) to five (5) years for summary conviction offences and from five (5) to ten (10) years for indictable offences.

Due to the retroactive effect of extended waiting periods, tens of thousands of individuals eligible for a pardon have been unfairly subjected to up to five (5) years of additional time.

In 2017, the Courts ruled that this was illegal and contrary to the fundamental rights of those affected.

The Government of Canada immediately stopped applying the extended waiting periods to residents of Ontario and British Columbia.

However, the Government of Canada continued to apply extended waiting periods to Quebecers until March 2020.

Thousands of Quebecers have been illegally subjected to an unconstitutional regime for almost three years.

This class action concerns:

Subgroup 1:

All Quebec residents who were convicted of one or more indictable criminal offence(s) committed prior to June 29, 2010 and who were eligible for a pardon according to the criteria of the Criminal Records Act in effect at the time of the commission of the offence(s)

Excluded from this subgroup are:

• Individuals who completed their sentence(s) prior to April 18, 2007;

  and

• Individuals who finished serving their entire sentence(s) after March 19, 2015.

Subgroup 2:

All Quebec residents who were convicted of one or more indictable criminal offence(s) committed between June 29, 2010 and March 13, 2012 and who were eligible for a pardon under the criteria of the Criminal Records Act in effect at the time of the commission of such offence(s);

Excluded from this subgroup are:

• Individuals who finished serving their entire sentence(s) prior to April 18, 2007;

  and

• Individuals who finished serving their entire sentence(s) after March 19, 2015.

Subgroup 3:

All Quebec residents who were convicted of one or more criminal offence(s) punishable on summary conviction committed between June 29, 2010 and March 13, 2012 and who were eligible for a pardon according to the criteria of the Criminal Records Act in effect at the time of the commission of such offence(s);

Excluded from this subgroup are:

• Individuals who finished serving their entire sentence(s) prior to April 18, 2012;

  and

• Individuals who completed serving their entire sentence(s) after March 19, 2017.

Next steps: 

We will publish important updates and and new information here, as well as throughout the press.

For more information, please contact us directly:

Louis-Nicholas Coupal
(514) 903-3390
lnc@coupalchauvelot.com

Victor Chauvelot
(514) 903-3390
victor@coupalchauvelot.com

All your communications will be strictly confidential and free of charge.

Should you believe that you may be a member of this class action, please fill in the information below.

Nakurmik, merci, thank you.