Pre-trial detentions
The Superior Court of Quebec approved a settlement of a class action under which the Attorney General of Quebec will pay $25 million to compensate 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 the exceptions listed below (hereinafter the “Settlement Agreement”).
Criteria to respect
- You were detained in Quebec awaiting trial between March 29, 2016, and June 21, 2019.
- You were detained for a continuous period more than 90 days for an indictable offence or more than 30 days for a summary conviction offence.
- No hearing was requested by the government to a judge after this period to determine whether your detention remains 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, where applicable) that ended within 90 days (or 30 days, where applicable) of the date of the review judgment.
- You were charged with an offence under section 469 of the Criminal Code
- You were already detained in custody in connection with another case.
What does the Settlement Agreement cover?
The Settlement Agreement provides for a lump sum of $25 million to be paid by the Attorney General of Quebec to compensate members for pre-trial detentions 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.
Each member will be eligible for a compensation of up to $3,049.
In the event that the $25 million is insufficient to pay the maximum amount, compensations will be adjusted in proportion to the number of members traced.
Members automatically indemnified
Under this Settlement Agreement, you do not have to complete any claim form or provide any proof to receive compensation.
We will receive from the parties a list of all persons with a criminal record in Quebec that was opened during the period covered by the Settlement Agreement. We will then establish a list of members who meet the class criteria and are eligible for compensation under this Settlement Agreement.
Once the list has been compiled, we will begin the process of contacting the various ministries to find your address. If you are on the list of eligible members, your cheque will be sent to the address we have found.
➡ Contact us at 1-844-967-3703 or detentionproces@proactio.ca to confirm that we have the right address to send you the cheque.
How can you check if you are an eligible member?
To check if you’re included in this list, write to us at detentionproces@proactio.ca, providing us with your full name and date of birth. You can also call us at 450-682-8236 or toll-free at 1-844-967-3703.
If you are not included in the list of members, you can request to be added until December 10, 2025, by contacting us and providing the following information:
- Your full name;
- Your date of birth;
- Your postal address;
- Your email 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.
What should I do if I represent a claimant?
If you represent a member included under the Settlement Agreement, whether you are a assistant, liquidator, heir, mandatary or other legal representative, write to us at detentionproces@proactio.ca and provide us with the following information:
- First name, last name and date of birth of the person you represent;
- Your first name, last name and date of birth;
- The type of representation;
- Proof of legal representation;
- Your contact details.
You can also call us at 450-682-8236 or toll-free at 1-844-967-3703.
Consult our frequently asked questions to find answers to your questions!
For further details, please consult the notice to members.
Frequently Asked Questions
