Makoma - Frequently asked questions

The class action authorized against the City of Montreal, the City of Quebec and the Attorney General of Quebec targets anyone arrested and kept in detention in Quebec after June 19, 2015, for a period of more than 24 consecutive hours without appearing, while the courts were not sitting.

However, the present settlement with the City of Montreal aims to compensate detentions of more than 24 hours that took place at the Municipal Court of Montreal between December 15, 2017 and March 20, 2020.

The class action was settled with the City of Quebec in 2022.

The class action continues against the Attorney General of Quebec for all class members, including those who are covered under the agreement with the City of Québec or with the City of Montréal.

To be compensated by the settlement agreement, you must:

• Have been arrested and detained by the City of Montreal;
• Between December 15, 2017 and March 20, 2020;
• Have been kept in detention for more than 24 hours before appearing before a judge of the Municipal Court of Montreal, while the Court was not sitting.

To find out if you’re a class member, call us at 438-858-7399 or toll-free 1-844-823-0931.

You could obtain up to a maximum of $2,656.60 per detention meeting the criteria of the settlement agreement.

To find out if you’re a class member, call us at 438-858-7399 or toll-free 1-844-823-0931.

A detailed analysis of the dockets of the Municipal Court of Montreal was carried out by the City of Montreal and the accounting firm Ernst & Young, then verified by Class Counsel. From this analysis, a list was drawn up of the persons covered by the settlement and their mailing addresses as indicated in the docket of the Municipal Court of Montreal.

People on this list will be compensated automatically by a check issued to their name at the address we have on file. They do not have to file a claim.

➡ If you think you’re a class member, make sure we have the right address where we can send you the check.

To verify to which address your check will be sent, send us an email at detentionmtl@proactio.ca or call us at 438-858-7399 or toll-free 1-844-823-0931.

Write or call us to find out if you are on the list of persons covered by this settlement agreement:

detentionmtl@proactio.ca

438-858-7399

1-844-823-0931 toll-free

If you represent a person that you think is covered by the settlement, send us an e-mail at detentionmtl@proactio.ca with the following information:

• First name, surname and date of birth of the person you represent;
• Your first name, last name and date of birth;
• Type of representation (estate or legally incapacitated person);
• Proof of legal representation;
• Your contact information.

You can also call us at 438-858-7399 or toll-free at 1-844-823-0931 to provide this information.

People who thought they met the criteria of the settlement agreement, but were not on the membership list, could submit a request to be added to the list. This request had to be submitted no later than May 10, 2024.

You had until May 10, 2024 to send us your request.

If you sent us your request by mail, the date shown on the postmark will be considered your mailing date.

As administrator, we must determine your eligibility within 60 days of receiving your request.

However, the amount of your compensation can only be determined once we have decided on the eligibility of all requests received.

Reminder: This process will run until September 2024.

No, you cannot request a review or lodge an appeal.

Under the terms of the settlement agreement approved by the Superior Court, the Administrator's decision is final and not subject to appeal or review.

A lump sum of $4,300,000 was paid by the City of Montreal to settle class member claims for the detentions of more than 24 hours before appearing at the Municipal Court of Montreal between December 15, 2017 and March 20, 2020.

Class counsel fees representing 25%, plus taxes, of the lump sum and disbursements incurred by them were then deducted from this amount.

The balance of $3,063,063.98 plus interest to be generated on this amount, will be divided by the number of detentions meeting the criteria of the agreement, whether detentions already on the list or following accepted requests to be added.

The estimatednet amountper qualifying detention is $2,656.60.

We will have more information on this amount around September 2024.

Your compensation should be sent to you after September 2024. We do not have an exact mailing date for the checks.

IMPORTANT: Be sure to notify us of any change of address between now and September 2024, either by e-mail at detentionmtl@proactio.ca or by telephone at 438-858-7399 or toll-free at 1-844-823-0931.

Your compensation will be paid by check and mailed in the fall of 2024.

Your check will be sent directly to the address on file.

Be sure to notify us of any change of address between now and September 2024, either by e-mail at detentionmtl@proactio.ca or by telephone at 438-858-7399 or toll-free at 1-844-823-0931.

No, even if you indicate a contact person in your claim form, the check will be issued in your name for the eligible detentions you have been through.

Yes, you have 6 months to deposit your check.

Any check not cashed within 6 months of issue will be cancelled. The date of issue is the date shown on the top right of the check.

If you are receiving last-resort financial assistance, also known as "social assistance benefits" or "social solidarity allowance", promptly inform and provide a social assistance program officer with the letter attesting to the amounts received under this regulation. This document must enable an agent to identify you. In other words, it is important that you provide a complete copy of the document.

If you were detained for more than 24 hours before appearing before a judge of the Municipal Court of Montreal between June 19, 2015 and December 14, 2017, you are not eligible for compensation under the settlement with Ville de Montréal. However, you retain all your rights against QMP. Class counsel is pursuing the class action against the Attorney General of Quebec.

Class members are represented by 3 law firms:

• Décarie Avocats;
  • Mtre Sophie Anne Décarie
  • sadecarie@decarieinc.ca
  • 819-770-6666
• JFB Avocats Criminalistes; and
  • Mtre Jean-François Benoît
  • jfb@avocat-droit-criminel.com
  • 819-770-4888
• Kugler Kandestin
  • Mtre Éva Richard
  • erichard@kklex.com
  • 514-878-2861

The case against the Attorney General of Quebec covers detentions of more than 24 hours prior to an appearance at a courthouse before the Court of Quebec while the courts were not in session.

No settlement agreement has been reached with the Attorney General of Quebec for detentions of more than 24 hours after June 19, 2015. Nor has the Court rendered a final judgment in this case.

This means that class counsel continues to represent the interests of class members in this file until a final judgment or settlement agreement is reached.

IMPORTANT! If you would like to be kept informed of new developments in the class action case against the Attorney General of Quebec, please contact class counsel:

• Décarie Avocats;
  • Mtre Sophie Anne Décarie
  • sadecarie@decarieinc.ca
  • 819-770-6666
• JFB Avocats Criminalistes; and
  • Mtre Jean-François Benoît
  • jfb@avocat-droit-criminel.com
  • 819-770-4888
• Kugler Kandestin
  • Mtre Éva Richard
  • erichard@kklex.com
  • 514-878-2861

The class action continues against the Attorney General of Quebec. This means you may still be eligible for compensation.

Contact class counsel for more information:

• Décarie Avocats;
  • Mtre Sophie Anne Décarie
  • sadecarie@decarieinc.ca
  • 819-770-6666
• JFB Avocats Criminalistes; and
  • Mtre Jean-François Benoît
  • jfb@avocat-droit-criminel.com
  • 819-770-4888
• Kugler Kandestin
  • Mtre Éva Richard
  • erichard@kklex.com
  • 514-878-2861