The City of Montreal will pay $4.3 million as part of an out-of-court settlement to settle a class action involving people detained for more than 24 hours without being able to appear.
The class action request was filed in 2018 by Benoît Atchom Makoma, a Gatineau resident arrested by the Service de police de la Ville de Gatineau (SPVG) on June 23, 2015, the eve of the National Day. As no court sat on public holidays. Mr. Atchom Makoma had been imprisoned for 38 hours before he could appear at the courthouse.
However, the Criminal Code provides that a peace officer who arrests a person must bring him before a justice of the peace within 24 hours or “as soon as possible” if a judge is not available. The Charter of Human Rights and Freedoms also provides that a detained person must appear promptly or be released.
In 2019, the Superior Court authorized the class action for anyone detained in Quebec for more than 24 hours after June 19, 2015. In his request, Benoît Atchom Makoma claimed $7,000 per injured person for a total of up to $77 million.
Count the detainees
To remedy the problem, the Municipal Court of Montreal has set up a system of appearances on Sundays and holidays as of March 20, 2020.
The City of Quebec, which was also targeted by the class action, for its part gave its approval to a partial settlement of $ 412,750 in December 2021.
For Montreal, the plaintiff estimated at 4,131 the number of people detained beyond 24 hours without appearing, for a claimed amount of $28 million.
The City of Montreal, wishing to settle amicably, had to call on the firm Ernst&Young to determine the number of people affected. This counted 1153 for the period from December 15, 2017 to March 20, 2020.
The parties finally agreed for an amount of 4.3 million, or a sum of 3730 dollars per person. The agreement also provides that the City will pay $130,000 for the cost of publishing the bylaw. “Considering the significant risk of condemnation, it is to the advantage of the City to accept this out-of-court settlement”, indicates the Legal Affairs Department of the City of Montreal in a document submitted to the Executive Committee. The file, discussed behind closed doors on Wednesday, was approved by elected officials. However, the draft agreement must be approved by the court.
If sums are not claimed, part of these will be paid to an organization working in the defense of incarcerated persons and the rest to a fund for assistance with collective actions, it is specified.