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RCMP Discrimination against Aboriginal Persons in Detention in the Territories Class Action
Koskie Minsky LLP in Toronto and Cooper Regel in Edmonton have commenced a class action against the Attorney General of Canada on behalf of Aboriginal persons, who allege they were assaulted at any time while being held in custody or detained by RCMP Officers in the Territories and were alive as of December 18, 2016.
The claim alleges that Aboriginal persons are regularly assaulted by RCMP officers in the Nunavut, the Yukon Territory and the Northwest Territories because they are Aboriginal. The claim alleges systemic negligence, breach of fiduciary duty and breaches of sections 7 and 15 the Canadian Charter of Rights and Freedoms.
For further information please call 1-888-723-4304 or email rcmpexcessiveforceclassaction@kmlaw.ca
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Latest Developments
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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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January 7, 2022
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Documents
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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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