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RCMP Discrimination against Aboriginal Persons in Detention in the Territories Class Action
Koskie Minsky LLP and Cooper Regel LLP are Class Counsel in this class proceeding against the Attorney General of Canada. The lawsuit alleges that Aboriginal Persons (Indian, Inuit or Métis) are regularly assaulted by RCMP officers in the Northwest Territories, Nunavut, and the Yukon Territory because they are Aboriginal. The claim alleges systemic negligence and breaches of sections 7 and 15 of the Canadian Charter of Rights and Freedoms.
The Federal Court certified this lawsuit as a class action on June 23, 2021. Canada appealed from the certification order. On March 17, 2023, the Federal Court of Appeal heard Canada’s appeal and decided that the lawsuit should proceed as a class action. A copy of the FCA Decision upholding certification is available here.
Canada sought leave to appeal to the Supreme Court of Canada from the judgment of the Federal Court of Appeal. On December 14, 2023, the Supreme Court dismissed Canada’s application. The certification decision is now final. A copy of the SCC’s refusal to provide leave to appeal is available here.
A copy of the short-form notice of certification is available in English, Inuinnaqtun, and Inuktitut. A copy of the long-form notice of certification is available in English, Inuinnaqtun, and Inuktitut.
The following persons fall within the Class definition, and are Class Members:
All Aboriginal Persons (Indian, Inuit, or Métis) who allege that they were assaulted at any time while being held in custody or detained by RCMP Officers in the Territories (Northwest Territories, Nunavut, and the Yukon), and who were alive as of December 18, 2016. If this applies to you, you are a member of the Class.
If you wish to remain part of the class proceeding, you do not have to do anything at this time. If money or benefits are obtained, you will be told about how to make a claim. You will be legally bound by all orders and judgments in the class action, and you will not be able to sue Canada separately about the legal claims in this case.
If you are a class member and you do not wish to remain part of this class proceeding, you must opt out, or remove yourself, from the class proceeding by March 3, 2025.
If you remove yourself, you cannot get money or benefits from this lawsuit if any are awarded. Information on how to opt out of the class proceeding is included in the long-form notice. The Opt Out Form is available in English, Inuinnaqtun, and Inuktitut.
The next step in this proceeding is “discovery.” This is when both parties in a lawsuit provide the other party with all of the relevant documents in their possession.
Further updates will be posted as this class proceeding progresses.
For additional information, please call the Administrator by calling 1-888-663-7635 or by email to northpoliceclassaction@veritaglobal.com.
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Latest Developments
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December 14, 2023
Canada sought leave to appeal to the Supreme Court of Canada from the judgment of the Federal Court of Appeal. The Supreme Court dismissed Canada’s application. The certification decision is now final. A copy of the SCC’s refusal to provide leave to appeal is available here.
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March 17, 2023
The Federal Court of Appeal has dismissed Canada’s appeal from the Federal Court’s certification decision and has decided that the lawsuit should proceed as a class action. A copy of the Federal Court of Appeal’s Decision upholding certification is available here.
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January 7, 2022
Canada has appealed the Federal Court’s decision to certify the proceeding as a class action. The appeal is currently underway; the parties have exchanged written arguments. A further update to the website will be posted when the appeal hearing date is set.
A copy of the Notice of Appeal filed by Canada and the parties’ facta can be found in the Documents section on this page.
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June 23, 2021
This matter has been certified by the Federal Court. A copy of McVeigh’s Order and Reasons can be found under the Documents section on this page.
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June 3, 2020
The Plaintiff has filed a motion for certification. A timetable leading to the certification hearing in this matter is being set. The certification hearing is a court hearing to determine whether the case can continue as a class action.
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December 31, 2018
A Statement of Claim was issued and filed in Federal Court of Canada on December 19, 2018. To view a copy of the Statement of Claim please click here.
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December 14, 2023
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Documents
- September 3, 2024 English short form notice
- September 3, 2024 English long form notice
- September 3, 2024 English opt out form
- September 3, 2024 Inuinnaqtun short form notice
- September 3, 2024 Inuinnaqtun long form notice
- September 3, 2024 Inuinnaqtun opt out form
- September 3, 2024 Inuktitut short form notice
- September 3, 2024 Inuktitut long form notice
- September 3, 2024 Inuktitut opt out form
- July 18, 2024 Plaintiff's Reply
- July 8, 2024 Canada's Statement of Defence
- July 5, 2024 Notice Approval Order of Justice McVeigh
- December 14, 2023 Decision of the Supreme Court of Canada refusing leave to appeal
- March 17, 2023 Decision of the Federal Court of Appeal
- July 5, 2021 Memorandum of Fact and Law of the Respondent
- July 5, 2021 Memorandum of Fact and Law of the Attorney General of Canada
- July 5, 2021 Notice of Appeal
- June 23, 2021 Order and Reasons
- December 19, 2018 Statement of Claim
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FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class
members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
Please feel to contact us by using the contact information on this site.
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Contacts
Tollfree: 1-888-723-4304
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