Supreme Court decision pushes forward 2 lawsuits against RCMP
Suits allege historical abuse against Indigenous people in the North
Two separate class action lawsuits alleging historical abuse by the RCMP against Indigenous people in the North will continue following a Supreme Court of Canada decision. (File photo)
A decision rendered by the Supreme Court of Canada Dec. 14 to dismiss an appeal filed by the federal government will move two separate class actions against the RCMP forward.
Canada’s highest court ruled it would not grant leave to hear the appeal in the case of Joe David Nasogaluak, the representative plaintiff seeking to certify a class action proceeding against the RCMP for abuse against Indigenous people in the Northwest Territories, Nunavut and Yukon.
Nasogaluak is Inuvialuit from Tuktoyaktuk, N.W.T. He alleges that when he was 15 years old, the RCMP assaulted him during an arrest and held him in police custody.
Canada made its application to the Supreme Court following the decision by the Federal Court of Appeal which had certified the class action with some minor adjustments from the lower court.
“We now have an uncontestable certified case in both the North and in the south,” said Steven Cooper, of the Sherwood Park, Alta., law firm of Cooper Regel.
Cooper Regel is co-counsel for Nasogaluak with Koskie Minsky LLP. The firm is also co-counsel with Murphy Battista LLP in the Shirley Meguinis-Martin and Edie Joseph case, who are representative plaintiffs for RCMP abuse against Indigenous peoples in the rest of Canada.
The Meguinis-Martin action was brought in 2020 about one-and-a-half years after the Nasogaluak action.
“I don’t want to call (the Meguinis-Martin action) a companion case, but there’s a related case involving similar allegations that applies to the rest of the country. It had already been certified and we were just waiting for the outcome on this case (in the Supreme Court) to determine what would happen with the southern case,” said Cooper.
The Nasogaluak lawsuit alleges that Indigenous people are frequently arrested, detained and abused by RCMP officers in the territories. The class period is from 1928, when the Crown entered into formal police agreements with the territory, to the present. However, only those who were alive as of Dec. 18, 2016, are eligible to claim.
The Meguinis-Martin action covers those not included in the Nasogaluak lawsuit. The class period is from May 14, 1953, and applies to those who were alive as of July 2018.
Both actions claim breach of Sections 7 and 15 Charter rights.
While Nasogaluak sets a combined claim for negligence, breach of Charter rights, punitive and exemplary damages at $600 million, Meguinis-Martin offers no amount.
“When it comes to estimates of damages, we use the limited information that we have before certification and before we have access to the sort of material and reports and expertise we’ll have after certification,” said Cooper.
He said he does not know how many people are involved in either class.
At this point, he said, damages will be claimed separately in the two actions.
“There’s always the possibility of the claims coming together, and that often happens. This has the advantage, fortunately, of existing only in the federal courts, both cases. So there is the potential for both cases to be dealt with harmoniously or separately. I expect there will be some harmony between them,” said Cooper.
As important as the financial compensation is, Cooper stresses that the advantage of a class action over a court-imposed penalty of increased fines is that a class action can bring about “behaviour modification.”
The substance of the claims is systemic negligence and systemic discrimination acts against the Charter on the part of the RCMP, says Cooper.
“We’re trying to change the system. We’re blaming the system, not individual officers. This is not about individual officers,” he said.
He adds that statements made by prime ministers and RCMP commissioners about problems within the RCMP and complaints filed to the RCMP Complaints Commission have resulted in no changes.
“I’m not naive enough to suggest that this will be the change, but I’m hoping it’s going to be one of the factors. I’m hoping it’s going to be the spark. I’m hoping it’s going to be part of the motivation,” said Cooper.
Now with the Supreme Court’s decision, Cooper said the matter can proceed either through litigation or negotiation.
“Now we’ll have the normal exchange of material on both sides…We’ll have examinations of both sides. And then, if we can’t settle it in the meantime, we’ll proceed towards trial,” he said.
He adds that there is a “good chance” Nasogaluak andMeguinis-Martin will be dealt with concurrently or “in some sort of common discussion or common thread.”
Cooper expects it will take a year or more before any tangible results are seen.
“These things are measured in years not months,” he said.
In the meanwhile, Cooper encourages members of both actions to report their interactions with the RCMP so a database can be created. Information like what happened, when it happened, where it happened and who perpetrated the abuse is needed. No private information will be released, he said, as it will all be amalgamated.
“What we do is we get statistics and statistics is power in the class actions,” he said.
What about abuse against the RCMP?
Whaaaa?
what about it?
As part of this agreement should include; ANY FORCE to be used by RCMP has to be authorized by the STATE for accountabilty and responsibility of there duties. No matter how small a force maybe, even deadly force… ALL needs authorization; not just from a judgement mind of an indiviual police
I have long since blowen my $10k federal day school monies , i would another bundle please.
Systemic racism from the government to authorities, even federal/provincial/territorial courts plays a roll.
Nunavut needs inuit police force kinda like in nunavik and the tribal polices on first nation’s in the south. No more rcmp in nunavut.
Imagine the chaos if that happened…
Chaos in Nunavik? Can you please elaborate about the chaos of the Nunavik police force?
But they would need to show up to work everyday and we all know that ain’t gonna happen, so alas we still need the RCMP.
I have been living up here for 10 years and never had an issue with the cops, but I guess I never wander around the city drunk, breaking windows or stealing anything, I never beat my wife or kids or drink and drive. So I guess that’s why I don’t mind the RCMP.
Yes, I guess settlers have less to fear from the colonial police than those who are going through the aftermath of colonialism that tried to destroy their identity, language and culture. Colonialism is well and alive in Canada including in Nunavut and the “Royal” police is an excellent illustration…
The entire system is discriminating against Inuit from the start all the way back to the Hudson Bay RCMP days. Then on to forced settlements though the dog slaughter on to residential schools, then on to systematic racism though the justice system even up to today that has resulted into generational trauma.
People need to start their healing journeys. It may need to work on their healing journey the rest of their life.
Anyone who tells people to get over it and move on. You are ignorant and maybe racists. People still remember the Holocaust, people are still being convicted in courts of law for the atrocities committed during world war 2 today.
Oh right it only matters if it happens to Jews and it does not matter if it happens to a few Inuit. Canada’s Inuit population does not even exceed 65,000 today. 50 years ago that number was probably at 30,000, a hundred years ago maybe 15,000.
Inuit really should be listed as a race of special concern on the verge of extinction.
Imagine how better it will be to be spoken to you in your own language!
I like how you generalize, that kind of attitude that some RCMP have towards Inuit and other Indigenous peoples. I suggest you read an academic paper by two setters of over policing of Indigenous people.
Contacts with the Police and the Over-Representation of Indigenous Peoples in The Canadian Criminal Justice System
McGill University
Jean Denis David and Megan Mitchell