QUEBEC BAIL REVIEW
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.
