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Makoma | Proactio
Human rights

Detention for more than 24 consecutive hours in Montréal

Makoma v. City of Montréal

The Superior Court of Quebec has approved a $4,300,000 settlement agreement for the benefit of class members held in detention in Montréal for a period of more than 24 consecutive hours without appearing before the Municipal Court of Montréal.

Criteria to be respected

  • You were held in detention in Montréal
  • Between December 15, 2017 and March 20, 2020
  • You remained in detention for more than 24 hours before appearing before a judge of the Municipal Court of Montreal, while the Court was not sitting

If you have been released after more than 24 hours in detention without appearing before a Municipal Court judge, we will verify whether your file was submitted to or accepted by the Municipal Court lawyers, before or after the arrest.

Requests to be added had to be submitted no later than May 10, 2024.

The Superior Court authorized a class action against the City of Montréal, the City of Québec and the Attorney General of Québec (as representative of the Directeur des poursuites criminelles et pénales and of the Minister of Justice of Québec), on behalf of any person held in detention for a period of more than 24 consecutive hours without appearing while the courts were not sitting.

Although a settlement agreement has been reached with the City of Montréal, the class action continues against the Attorney General of Québec for all class members.

What does the settlement agreement provide for?

A lump sum of $4,300,000 will be paid by Ville de Montréal to compensate members' claims for detentions of more than 24 hours that took place at the Montreal Municipal Court between December 15, 2017 and March 20, 2020.

Each member will be eligible for net amounts estimated between $2,656.60 and $7,969.80.

➡ The amounts will vary depending on the number of eligible class members and the number of detentions they have experienced.

Class Members Automatically Compensated

A detailed analysis was conducted by the City of Montréal and the accounting firm Ernst & Young to identify the people covered by the settlement agreement. This analysis was verified by class counsel.

This analysis identified 1,153 people covered by the settlement agreement.

These 1,153 people will be compensated automatically by cheque and do not have to submit a claim.

➡ If you think you are a class member, make sure that we have the right address to mail you your cheque..

To check if you're included in this list, or to update your contact information, write us to detentionmtl@proactio.ca, with your complete name and date of birth. You can also call us at 438-858-7399 or toll free at 1-844-823-0931.

Request to be Added to the Class Member List

A process has also been put in place to add members, if any, who were not identified by this analysis.

Individuals who believed they may be affected by the settlement had to submit a request to be added no later than May 10, 2024.