Quebec judge orders government to pay $164 million for unlawful detentions

The Quebec Superior Court is seen Wednesday, March 27, 2019, in Montreal. THE CANADIAN PRESS/Ryan Remiorz

MONTREAL — A Quebec Superior Court judge has ordered the provincial government to pay $164 million in a class-action lawsuit on behalf of thousands of people who were unlawfully detained following an arrest.

The judgment applies to an estimated 24,000 people who were affected by a 2015 decision to stop offering court appearances on Sundays and holidays.

The Criminal Code of Canada requires that people who are arrested appear before a judge within 24 hours. But the change in 2015 meant that people arrested on a Saturday or just before a holiday were often detained for longer.

“We don’t want the police deciding who can be free and who cannot be free,” said Robert Kugler, a lawyer representing the plaintiffs. “We want an independent, impartial court to make that decision.”

In his ruling, Justice Donald Bisson found the Quebec Justice Department and the Crown prosecutor’s office knew their system “resulted in a systemic violation of the fundamental rights” of those who were unlawfully detained. They made the decision to cut services anyway for budgetary reasons, he said.

“It was expected that thousands of (people) would be affected, and that is exactly what happened,” he said. “Despite this, nothing was done to correct the system for four years.”

Each person who was affected will now be entitled to $7,000 in compensation. Kugler said the decision is one of the largest judgments following a class-action trial in Quebec history.

Justice Minister Simon Jolin-Barrette and the Crown prosecutor’s office did not immediately respond to requests for comment.

The lead plaintiff in the case was arrested on June 23, 2015, in Gatineau, Que. The following day was Quebec’s national holiday, so he did not appear in court until June 25.

After an appearance that lasted less than three minutes, the man was released with conditions, the ruling says.

During his testimony at the trial, which took place in January and February, the man spoke of increasing anxiety during his 38 hours in a cell at the police station in Gatineau. He said the lights were always on and he struggled to sleep. Police ignored his requests and the hours in detention felt endless, he said.

Another woman who testified at trial said she had her period while she was detained and was not given any sanitary napkins or tampons. She said police officers told her to use toilet paper instead.

Kugler said holding cells at police stations aren’t suitable for prolonged detention. “The lights are on at all times. There’s no ability to take a shower. There’s no privacy,” he said.

According to the ruling, the Court of Quebec decided in 2013 to reduce staffing of judges on weekend nights, which caused a “major headache” for prosecutors who had to work overtime during the day.

In June 2015, the Crown prosecutor’s office decided to fix the staffing crunch by eliminating court appearances on Sundays and holidays. During the trial, an official admitted she knew this would mean some people would not appear before a judge within 24 hours of their arrest.

The class-action lawsuit was filed in 2018. The government began correcting the problem the following year, and it was fully resolved by March 2020.

Kugler said the Quebec government has been ordered to pay a lump sum of $164 million plus interest, which he said could total $240 million.

He said there will likely be a mechanism established to identify those affected through court records and police reports, so they won’t need to take concrete steps to receive the money.

The class-action lawsuit also targeted the cities of Montreal and Quebec, who are responsible for municipal courts. Both cities have already reached settlements in the case.

Kugler said it’s a “historic judgment,” both for the size of the payout and for what it says about upholding the rule of law.

“We have to ensure that everyone is presumed innocent,” he said. “A person should not be punished by sitting in a holding cell for longer than allowed by law until the person is found guilty.”

This report by The Canadian Press was first published May 26, 2025.

By Maura Forrest, The Canadian Press