By William Crooks
Local Journalism Initiative
In what lawyer Robert Kugler described as a “significant, important judgment in terms of the respect of the rule of law,” the Quebec Superior Court has ordered the provincial government to pay $164 million in damages to roughly 24,000 individuals who were illegally detained between 2015 and 2020. The amount, including interest, is expected to climb to around $240 million, one of the largest such awards in Quebec history.
The judgment, issued last Wednesday, stems from a class action launched by the law firm Kugler Kandestin on behalf of individuals who were held for more than 24 hours before seeing a judge—an explicit violation of both Canadian and Quebec Charter rights.
The Canadian Criminal Code is clear: when a person is arrested and police determine they cannot be released, they must be brought before a court “as soon as possible and in all cases within 24 hours.” But from 2015 to 2020, Quebec failed to provide court appearances on Sundays and statutory holidays.
The result? Thousands of people—many of them marginalized and vulnerable—were left to languish in police holding cells for up to 48 hours or more. According to Kugler, those cells are ill-equipped for long-term detention, with harsh lighting, no showers, no television, and limited access to sleeping accommodations.
“Even if the judge ends up deciding a person needs to be detained further, they’re transferred to a proper detention facility with better conditions,” Kugler explained in an interview. “And if the judge determines they should be released, they get a court date and can go free. Either way, the delay harms them.”
Kugler described the 24-hour rule as “the cornerstone of criminal procedure,” adding that it protects two fundamental rights: the right to liberty and the presumption of innocence. The absence of appearances on Sundays and holidays, he said, was a knowing violation of these rights by the Quebec government.
“Decisions from all levels of court, going back decades, have emphasized the importance of this rule,” Kugler said. “But the Quebec government chose to ignore that.”
The class action, initially authorized several years ago, was also filed against the municipalities of Montreal and Quebec City. Those two cities chose to settle out of court, and their settlements were approved by the court. But the province opted to fight the case in a month-long trial held earlier this year.
In its 155-page ruling, the court found that the provincial government had knowingly violated the rights of thousands of individuals, and only instituted Sunday and holiday appearances once the class action was filed.
“The court found the government acted primarily out of budgetary concerns,” Kugler said. “And they tried to blame judges or the police, but the judgment clearly stated the responsibility lies with the government itself for not putting a system in place to uphold people’s rights.”
Each affected individual is entitled to $7,000 in damages. While the per-person amount is not large, Kugler said, the sheer number of people impacted makes the award substantial.
The class action remains open. Because it is certified, no one needs to formally register to be included, but affected individuals are encouraged to contact Kugler Kandestin to provide their information and receive updates. At the time of publication, the government had not yet paid out the judgment and has the right to appeal.
“Whether they’ll appeal or not, we don’t know,” Kugler said. “But the longer they wait, the more interest accumulates.”
Kugler emphasized that the case should serve as a reminder of the importance of upholding civil liberties, even when it’s inconvenient or costly. “We’re very proud of this result. It’s a long-overdue recognition of the harm suffered by thousands of people in Quebec.”
Individuals who believe they were detained in similar circumstances can contact Kugler Kandestin’s office and ask for the Makoma class action team. Further details are available on the firm’s website.