Judicial delays in Nunavik: Quebec’s Attorney General is dismissed in court

The case was raised by Michael Carrier, and the Court accepted the class action claim seeking, among other things, compensation of $ 294 million for 1,500 people incarcerated between 2015 and 2019 and the rights were bullied.

Justice Donald Bisson of the Superior Court therefore rejected the arguments presented by the Attorney General of Quebec in a judgment made on June 7.

The Attorney General of Quebec filed two applications with the Court. The first is for clarification regarding the class action claim, because, according to the Attorney General, the source application contains vague and unclear allegations, can we read in judgment. The plaintiff behind the class action did not object to this request for clarification.

But the litigation issue raised by Quebec is primarily concerned with a request to remove elements from the record. The Attorney General stood by that included in the initial application […] allegations and exhibits that are not admissible in evidence, and therefore must be removed or withdrawn. This second request was denied by Judge Donald Bisson.

Now, the government is trying to disregard all public ombudsman warnings, explained Me Victor Chauvelot, one of Michel Carrier’s lawyers. The Attorney General of Quebec wants to see the dismissal reports and [les recommandations] commissions of inquiry supporting Mr.’s request. Carrier.

According to Me Chauvelot, the Quebec government says it wants to do better, change things, but [il souhaite] write down what is criticized of many stakeholders in the justice sector.

Among the exhibits recognized as unacceptable were the reports of the Viens Commission and the Québec Ombudsman, a report made public in 2012 by the Court of Quebec, the last report of an Inuit working group on justice, a brief by the Barreau du Québec, transcripts of testimonies given to the Viens Commission, and transcripts of a press briefing by Simon Jolin-Barrette and a press conference of the Protectrice du citoyen. These elements denounced the abusive delay in detaining people in Nunavik.

That is why the request for the removal of these elements was rejected by the judge, in his decision on June 7.

The government is aware of the delays in Nunavik

The problem of detention beyond the legal period of three days has been known for 20 years, recalls Me Chauvelot. And it’s also very targeted, because it’s unique to Nunavik, he insisted.

If the state wants to detain someone, [celui-ci doit être] reviewed by a judge within three clear days, otherwise it is contrary to fundamental rights, indicates to Me Chauvelot. Deadlines are respected everywhere in Quebec, with rare exceptions, he says. But in Nunavik, detention beyond three days was common in 97.55% of cases before 2019, when a videoconferencing system was introduced.

This is about systematic violations, explains Me Chauvelot. According to him, if 50% of the detainees are released while awaiting their trial, the delays could reach 10 to 15 days between their arrest and the time when they can return to their Nunavik community.

The effect of Judge Bisson’s decision was participate and strengthen jurisprudencebelieves Michael Carrier’s attorney, and supports the request for injury penalties demands the group of inmates covered by class action, as well restrain the government [du Québec] violates fundamental rights of them.

The elements that are now considered admissible in the evidence of the Court show that the government knows the problemand they will allow the group of prisoners meet the standard to set the amount of compensation to which each person will be entitled.

Plaintiffs sought compensation of $ 10,000 for each day of detention that exceeded three clear days. Extrapolated to the 3,656 files of people who may have experienced these delays, the total would be 219 million, according to what lawyers on file calculated. There, they added 75 million in punitive damages ($ 50,000 per person) for a total of 294 million.

The situation of detainees in Nunavik has been criticized by many stakeholders in the legal community in Quebec, especially the Barreau du Québec, the DPCP and the Nunavik police, judges, and even the current Minister of Justice, Simon Jolin – Barrette, when he was Justice Critic for the Second Opposition Group.