BAIL DELAYS IN NUNAVIK

 

Cause of action

This Class Action has been certified by the Quebec Superior Court.

Request for authorization filed on 2018.09.04 (modified on 2019.09.13)

Judgment authorizing the collective action rendered on 2020.06.29

Notice of appeal filed on 2020.08.07

Judgment granting the appeal of the applicant Michael Carrier on 2022.01.10

Notice regarding the authorization of a class action

The purpose of this class action is to compensate individuals in Nunavik who have been detained pending trial without being able to exercise their right to appear before a judge to challenge their detention within 3 days of their appearance. This procedure is also known as a bail or interim release hearing.

For decades, this right has been ignored and violated by the Government of Quebec, which has failed to take the necessary steps to ensure that bail hearings are held in a timely manner in Nunavik. Instead, Nunavik inmates remain detained for periods exceeding 3 days in order to be transported across the province to appear before a judge at the Amos courthouse. This is in direct violation of the Criminal Code and their fundamental rights and freedoms, including the presumption of innocence, and the right not to be arbitrarily detained.

This class action concerns:  

Any person who, having been charged in Nunavik with a criminal offence after September 4, 2015, has been detained for a period exceeding three clear days without a bail hearing being held in accordance with Article 515 of the Criminal Code, unless that person has deliberately consented to such detention.

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.

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