Pre-trial detention - frequently asked questions
Who is this collective action aimed at?
The class action authorized against the Attorney General of Quebec targets members who were detained between March 29, 2016, and June 21, 2019, for a continuous period of more than 90 days (for an indictable charge) or more than 30 days (for a summary conviction charge), without the jailer asking a judge to hold a hearing to examine the necessity of continued pre-trial detention, subject to certain exceptions.
Who can be compensated in this process by the settlement agreement?
To qualify for compensation under these regulations, you must meet all of the following conditions:
- Have been detained in Quebec awaiting trial between March 29, 2016 and June 21, 2019;
- Have been detained for a continuous period of more than 90 days for an indictable offence or more than 30 days for a summary conviction offence; and
- No hearings were requested by the government from a judge after this period to determine whether your detention remained necessary.
The following situations are excluded from the Settlement Agreement:
- Your detention was the subject of an application for review under section 520 of the Criminal Code during the continuous period of 90 days (or 30 days, as the case may be) that ended within 90 days (or 30 days, as the case may be) following the date of the judgment under review.
- You were charged with an offence under section 469 of the Criminal Code.
- You were already detained in custody in connection with another case.
To find out if you're a member, call us at 450 682-8236 or toll-free at 1 844 967-3703.
What can I get out of this settlement?
Members can obtain compensation of up to $3,049.
To find out if you're a member, call us at 450 682-8236 or toll-free at 1 844 967-3703.
How do I get my compensation?
We will receive from the parties a list of all persons who have been remanded in custody in a Quebec criminal file opened during the period covered by the Agreement. We will then establish a list of members who meet the class criteria and who are eligible for compensation under this Settlement Agreement.
The people on this list will be compensated by a cheque sent to their name, to the address we have on file. These people have no claim form to fill out.
➡ If you think you’re a member, make sure we have the right address to send you the cheque.
To check whether you're on the list and to which address your cheque should be sent, write to us at detentionproces@proactio.ca or call us at 450 682-8236 or toll-free at 1 844 967-3703.
How can I check if I am eligible for compensation?
Write or call us with your full name and date of birth to check if you are on the list of members covered by this Settlement Agreement:
1 844 967-3703, toll-free
What if I'm legally representing a member?
If you represent a person you believe is affected by the settlement, send us an email at detentionproces@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 (e.g. power of attorney, mandate of protection, succession);
- Proof of legal representation;
- Your contact details.
You can also call us at 450 682-8236 or toll-free at 1 844 967-3703 to pass on this information.
How can I check if I am on the list of people covered by this Settlement Agreement?
Write or call us with your full name and date of birth to check if you are on the list of members covered by this Settlement Agreement:
1 844 967-3703, toll-free
What if I think I'm eligible, but I'm not on the list of people covered by the Settlement Agreement?
If you are not included in the membership list, you may request to be added by December 10, 2025 by contacting us at detentionproces@proactio.ca and providing the following information:
- Your full name;
- Your date of birth;
- Your postal address;
- Your e-mail address.
We will then check the data available in the docket and send you a written reply specifying whether or not you are considered an eligible member, together with the reasons for this decision.
You can also call us at 450 682-8236 or toll-free at 1 844 967-3703 to pass on this information.
How long do I have to submit an addition request?
You have until December 10, 2025 to send us your request.
When will I know if my request to be added as a class member covered by the settlement agreement has been accepted?
As soon as we receive your request, it will be carefully analyzed. A reply will be sent to you as soon as possible, using the same means of communication you used.
My addition request has been denied. Can I request a review or appeal this decision?
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, without appeal and not subject to any form of contestation or review.
When will I receive my compensation?
We do not have an exact date for sending the cheques.
IMPORTANT : Be sure to notify us of any change of address, either by e-mail at detentionproces@proactio.ca or by telephone at 450 682-8236 or toll-free at 1 844 967-3703.
How will I receive my compensation?
Your compensation will be paid by cheque and sent by mail.
Your check will be sent directly to the address on file.
You can contact us to validate the address we have on file, either by e-mail at detentionproces@proactio.ca or by telephone at 450 682-8236 or toll-free at 1 844 967-3703.
Do I have a deadline for depositing my cheque?
Yes, you have six months to deposit your check.
Any cheque not cashed within six months of the date of issue will be cancelled. The date of issue is the date shown on the top right of the cheque.
Who are the prosecutors representing the group members?
Group members are represented by two law firms:
- Kugler Kandestin
- Address: 1 Place Ville-Marie, Suite 1170, Montréal, Québec H3B 2A7
- Telephone: 514 878-2861
- E-mail: info@kklex.com
- Coupal Chauvelot S.A.
- Address: 460 Saint-Gabriel Street, Suite 500, Montreal, Quebec H2Y 2Z9
- Telephone: 514 903-3390
- E-mail: info@coupalchauvelot.com