The City of Montreal is preparing to pay a total of 4.3 million to individuals who had to wait too long before appearing before a judge after their arrest.
Until 2020, the closure of the municipal court on public holidays and Sundays forced some inmates to wait behind bars for more than a day before a judge looked into their situation. However, the law provides for a maximum period of 24 hours in this matter, with rare exceptions.
In 2019, a lawyer launched a class action on behalf of the hundreds of people who found themselves in this situation over the previous three years.
The City of Montreal reached an amicable agreement with her in order to avoid a trial. The agreement must be approved in mid-November, according to a legal notice published in The Press last weekend.
Each individual “will be eligible for gross amounts estimated between $3,729 and $11,187,” according to the published notice. “The people subject to these detentions will be automatically compensated by check. »
In total, “1,153 detentions of more than 24 hours were identified” by the accounting firm hired by the City of Montreal to search its records.
“An excellent agreement”
Me Sophie-Anne Décarie led the collective action.
We consider this to be an excellent agreement, it is an excellent regulation for our members.
Me Sophie-Anne Décarie, who led the collective action
“It’s the best thing that could happen to them, since they will receive some compensation. »
Me Décarie underlines the fact that the checks will be sent directly to the last known address of the individuals concerned, facilitating the distribution of the amount granted. Many of them are vulnerable and might not take steps to claim the money they are owed, she said.
“That’s what a class action is for: to represent people who have no other means of asserting their rights,” added Me Décarie.
It was last summer that the executive committee of the City of Montreal approved the draft amicable agreement in this matter.
“Considering the significant risks of condemnation, it is to the advantage of the City to accept this settlement out of court,” indicated the Legal Affairs Department of the City of Montreal in a document submitted to the executive committee and cited by The duty.
Since the spring of 2020, the municipal court has summoned detainees within the prescribed time limit.
The class action also targeted the City of Quebec, which had already settled the dispute, as well as the government of Quebec, with which the proceedings continue.