Legal Matter: Certification of a class action for Indigenous peoples alleging physical or sexual assault by RCMP officers, excluding those in a similar action (Nasogaluak v. Canada).
Key Points:
Class Certification Motion: The court considered a motion to certify this action as a class proceeding, with the Attorney General of Canada consenting to certification.
Background: This proposed class action includes Indigenous peoples who were not covered in the Nasogaluak class action. The class in Nasogaluak was geographically limited to the Northwest Territories, Nunavut, and Yukon, while this action seeks redress for Indigenous peoples throughout the rest of Canada.
Court's Analysis:
Reasonable Causes of Action: The claim discloses reasonable causes of action in systemic negligence and breaches of sections 15 and 7 of the Canadian Charter of Rights and Freedoms.
Identifiable Class: The class is defined as all First Nations, Inuit, and Métis persons who allege they were assaulted by RCMP officers from May 14, 1953, to present, and were alive as of July 20, 2018.
Common Questions of Law and Fact: Similar to Nasogaluak, this case presents common issues, including breaches of duty of care and Charter rights by the RCMP.
Preferable Procedure: The class proceeding is deemed the preferable procedure for resolving these common questions.
Decision:
The action was certified as a class proceeding. The court outlined the class definition, appointed representative plaintiffs, and accepted the proposed litigation plan.
Conclusion:
The certification of this class proceeding marks a significant step in addressing systemic negligence and Charter breaches against Indigenous peoples by RCMP officers, providing a structured legal framework for addressing these widespread claims.
