A decision rendered by the Supreme Court of Canada on Dec. 14 to dismiss an appeal filed by the federal government will move two separate class actions against the forward.
CanadaSA国际影视传媒檚 highest court ruled it would not grant leave to hear the appeal in the case of Joe David Nasogaluak, the representative plaintiff seeking to certify a class action proceeding against the for abuse against Indigenous people in the Northwest Territories, Nunavut and Yukon.
Nasogaluak is Inuvialuit from Tuktoyaktuk, NWT. He alleges that when he was 15 years old, the assaulted him during an arrest and held him in police custody.
Canada made its application to the Supreme Court following the decision by the Federal Court of Appeal, which had certified the class action with some minor adjustments from the lower court.
SA国际影视传媒淲e now have an uncontestable certified case in both the north and in the south,SA国际影视传媒� Steven Cooper of the Sherwood Park, Alta. law firm of Cooper Regel told Windspeaker.com.
Cooper Regel is co-counsel for Nasogaluak with Koskie Minsky LLP. The firm is also co-counsel with Murphy Battista LLP in the Shirley Meguinis-Martin and Edie Joseph case, who are representative plaintiffs for abuse against Indigenous peoples in the rest of Canada.
The Meguinis-Martin action was brought in 2020 about one-and-a-half years after the Nasogaluak action.
SA国际影视传媒淚 donSA国际影视传媒檛 want to call (the Meguinis-Martin action) a companion case, but thereSA国际影视传媒檚 a related case involving similar allegations that applies to the rest of the country. It had already been certified and we were just waiting for the outcome on this case (in the Supreme Court) to determine what would happen with the southern case,SA国际影视传媒� said Cooper.
The Nasogaluak lawsuit alleges that Indigenous people are frequently arrested, detained and abused by officers in the territories. The class period is from 1928, when the Crown entered into formal police agreements with the territory, to the present. However, only those who were alive as of Dec. 18, 2016, are eligible to claim.
The Meguinis-Martin action covers those not included in the Nasogaluak lawsuit. The class period is from May 14, 1953, and applies to those who were alive as of July 2018.
Both actions claim breach of Sections 7 and 15 Charter rights.
While Nasogaluak sets a combined claim for negligence, breach of Charter rights, punitive and exemplary damages at $600 million, Meguinis-Martin offers no amount.
SA国际影视传媒淲hen it comes to estimates of damages, we use the limited information that we have before certification and before we have access to the sort of material and reports and expertise weSA国际影视传媒檒l have after certification,SA国际影视传媒� said Cooper.
He adds that he does not know how many people are involved in either class.
At this point, he says, damages will be claimed separately in the two actions.
SA国际影视传媒淭hereSA国际影视传媒檚 always the possibility of the claims coming together, and that often happens. This has the advantage, fortunately, of existing only in the federal courts, both cases. So there is the potential for both cases to be dealt with harmoniously or separately. I expect there will be some harmony between them,SA国际影视传媒� said Cooper.
As important as the financial compensation is, Cooper stresses that the advantage of a class action over a court-imposed penalty of increased fines is that a class action can bring about SA国际影视传媒渂ehaviour modification.SA国际影视传媒�
Systemic discrimination alleged
The substance of the claims is systemic negligence and systemic discrimination acts against the Charter on the part of the , says Cooper.
SA国际影视传媒淲eSA国际影视传媒檙e trying to change the system. WeSA国际影视传媒檙e blaming the system, not individual officers. This is not about individual officers,SA国际影视传媒� he said.
He adds that statements made by prime ministers and commissioners about problems within the and complaints filed to the Complaints Commission have resulted in no changes.
SA国际影视传媒淚SA国际影视传媒檓 not naive enough to suggest that this will be the change, but ISA国际影视传媒檓 hoping itSA国际影视传媒檚 going to be one of the factors. ISA国际影视传媒檓 hoping itSA国际影视传媒檚 going to be the spark. ISA国际影视传媒檓 hoping itSA国际影视传媒檚 going to be part of the motivation,SA国际影视传媒� said Cooper.
Now with the Supreme CourtSA国际影视传媒檚 decision, Cooper says the matter can proceed either through litigation or negotiation.
SA国际影视传媒淣ow weSA国际影视传媒檒l have the normal exchange of material on both sidesSA国际影视传媒� weSA国际影视传媒檒l have examinations of both sides. And then, if we canSA国际影视传媒檛 settle it in the meantime, weSA国际影视传媒檒l proceed towards trial,SA国际影视传媒� he said.
He adds that there is a SA国际影视传媒済ood chanceSA国际影视传媒� Nasogaluak and Meguinis-Martin will be dealt with concurrently or SA国际影视传媒渋n some sort of common discussion or common thread.SA国际影视传媒�
Cooper expects it will take a year or more before any tangible results are seen.
SA国际影视传媒淭hese things are measured in years not months,SA国际影视传媒� he said.
In the meantime, Cooper encourages members of both actions to report their interactions with the so a database can be created. Information like what happened, when it happened, where it happened and who perpetrated the abuse is needed. No private information will be released, he says, as it will all be amalgamated.
SA国际影视传媒淲hat we do is we get statistics and statistics is power in the class actions,SA国际影视传媒� he said.
SA国际影视传媒擝y Shari Narine, Local Journalism Initiative reporter, Windspeaker.com
