A class action could go forward on behalf of the Inuit of Nunavik, who have not received assistance from the Quebec government despite its compensation program for victims of criminal acts: a judge authorized the request in justice that alleges government negligence towards them as well as systemic discrimination.
Raven Gordon-Kawapit is originally from Nunavik, a territory located in northern Quebec.
She reports having been the victim of four crimes against the person, such as assault with a weapon and sexual assault, between 2001 and 2015. Following these crimes, she explains that she suffered psychological distress, experienced post-traumatic stress, and even having tried to end his life.
When crimes against the person are committed, victims may seek assistance from the state under its Crime Victims Compensation Act. If the request is accepted, they can receive psychotherapy or physiotherapy, among other services.
But Ms. Gordon-Kawapit received no such help.
While her four attackers were convicted and she participated fully in the legal process, she says she was never made aware of the existence of the compensation scheme. She only learned of his existence last year, she says, when she considered suing her attackers in civil court.
Ms. Gordon-Kawapit believes that her case is not unique: the vast majority of victims of criminal acts in Nunavik have not had help from the state, she says. Between 2013 and 2020, the State paid only 86 indemnities while 40,868 crimes against the person were committed in this territory, it is reported in the judgment authorizing the collective action, under the pen of the Justice Lukasz Granosik of the Superior Court.
This ratio between the number of crimes and compensation paid is much lower in Nunavik than elsewhere in Quebec. “Objectively infinitesimal and disproportionate to the provincial average,” noted the judge.
Mme Gordon-Kawapit argues that there is discrimination against Aboriginal people in the provision of public services. The Inuit account for 90% of the population in Nunavik.
Quebec failed in its obligations, she argues, because victims have the right to be accompanied, supported and informed.
“The Government of Quebec has a statutory obligation to ensure that victims of crime can benefit from the Compensation Plan in a prompt and equitable manner throughout its territory”, is it alleged in the request in justice.
By his judgment handed down at the beginning of December, the judge allowed the action to go through all the legal steps leading to a trial.
It will then be determined whether the Quebec State was at fault and whether the victims of crimes against the person in Nunavik are entitled to moral and punitive damages. It is claimed $10,000 in punitive damages and $1,000 per crime in moral damages for each victim.
The proceedings will take place at the Montreal courthouse.