QUEBEC BAIL REVIEW
Update: October 23, 2024 - Settlement of Class Action Against Attorney General of Québec for Alleged Violation of the Right of Detainees to a Hearing to Examine the Need for Continued Pre-Trial Detention
View the notice to members (abridged version)
View the notice to members (full lenght)
We are pleased to announce that a Settlement Agreement has been reached with the Attorney General of Québec to settle this class action which alleges the systemic violation of the right of detained persons to have their pre-trial detention controlled by a judge under Article 525 of the Criminal Code.
The settlement agreement provides for the payment of a lump sum of $25 million by the Attorney General of Québec, which will allow each eligible class member to receive compensation up to $3,049. In addition, the settlement agreement provides that a Court-appointed administrator will identify eligible class members.
For a class action settlement to be valid, it must be approved by the Court. A hearing will be held before the Superior Court of Québec during which we will present an Application for approval of the settlement agreement and class counsel’s fees for the work done on this file over the past five years. The date of the hearing is scheduled to be December 9th 2024.
Please consult the Notice to Members for more information.
Please note that class members are not required to attend the hearing to benefit from the settlement.
If the Court approves the settlement, we will provide additional information regarding the next steps.
Kugler Kandestin is collaborating on this class action with Coupal Chauvelot.
If you, or someone you know, were detained between March 29, 2016, and June 21, 2019, for a continuous period of more than 90 days (for an indictable charge) or more than 30 days (for a summary conviction charge), without the jailer asking a judge to hold a hearing to examine the necessity of continued pre-trial detention, we invite you to contact one of the lawyers working on this file:
Robert Kugler
(514) 360-8882
rkugler@kklex.com
Alexandre Brosseau-Wery
(514) 360-8865
awery@kklex.com
Éva Richard
(514) 360-8868
erichard@kklex.com
Victor Chauvelot
(514) 903-3390
victor@coupalchauvelot.com
Louis-Nicholas Coupal
(514) 903-3390
Lnc@coupalchauvelot.com
Cause of action:
This Class Action has been certified by the Quebec Superior Court.
Request for class certification filed 2019.03.28 (amended 2019.10.23)
Judgment granting certification of class action rendered on 2020.03.17
Statement of claim filed on 2020.07.02
Notice to members delivered on 2020.09.26
Judgment denying defendant's motion to examine members entered on 2021.06.10
When a person remains in custody awaiting trial for more than 90 days*, the State must ask a judge to hold a hearing to decide whether the person should be released. This review process prevents defendants from languishing in jail while awaiting trial.
Until April 2019, detainees in Quebec have been systematically detained for more than 90 days* without the State requesting a bail review.
*30 days in the case of summary conviction charges.
This class action concerns:
Anyone who has been detained in Quebec pending trial between March 29, 2016 and June 21, 2019 for a continuous period of more than :
90 days, if the person was charged with an indictable offence; OR
30 days, if that person was charged summarily;
Without the person who had custody of the person having requested a judge to set a date for a hearing for the purpose of determining whether the person should be released.
The following detentions are excluded:
Any detention that was the subject of a petition for review under section 520, Cr.C., during the continuous 90-day period (or 30 days, if applicable) and that ended within 90 days (or 30 days, if applicable) after the date of the review judgment;
The detention of a person charged with an offence under section 469 of the Criminal Code;
The detention of a person who was to be detained in custody in connection with another matter.
Coupal Chauvelot s.a. is prosecuting this case before the Superior Court of Québec in collaboration with Kugler Kandestin LLP.
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.
