Quebec judge orders government to pay $164 million for unlawful detentions

The judgment awards $7,000 to each person who was detained for more than 24 hours without appearing before a judge between 2015 and 2020. 

A Quebec Superior Court judge has ordered the provincial government to pay $164 million in a class-action lawsuit on behalf of thousands of people who were unlawfully detained following an arrest.

The judgment applies to an estimated 24,000 people who were affected by a 2015 decision to stop offering court appearances on Sundays and holidays.

The Criminal Code of Canada requires that people who are arrested appear before a judge within 24 hours. But the change in 2015 meant that people arrested on a Saturday or just before a holiday were often detained for longer.

“We don’t want the police deciding who can be free and who cannot be free,” said Robert Kugler, a lawyer representing the plaintiffs. “We want an independent, impartial court to make that decision.”

In his ruling, Justice Donald Bisson found the Quebec Justice Department and the Crown prosecutor’s office knew their system “resulted in a systemic violation of the fundamental rights” of those who were unlawfully detained. They made the decision to cut services anyway for budgetary reasons, he said.

“It was expected that thousands of (people) would be affected, and that is exactly what happened,” he said. “Despite this, nothing was done to correct the system for four years.”

Each person who was affected will now be entitled to $7,000 in compensation. Kugler said the decision is one of the largest judgments following a class-action trial in Quebec history.

Justice Minister Simon Jolin-Barrette and the Crown prosecutor’s office did not immediately respond to requests for comment.