Meguinis-Martin v. Canada

Parties

Procedural Posture

Class Proceeding / Certification Motion Granted; Certified and Placed in Abeyance Pending Supreme Court Timelines

Legal Issues

1. 1 Whether the pleadings disclose a reasonable cause of action (systemic negligence; breaches of ss.7 and 15 of the Charter)
2. 2 Whether there is an identifiable class defined by objective criteria
3. 3 Whether the claims raise common questions of law or fact

Ratio Decidendi

The Court certified the action because the pleadings disclosed viable causes of action in systemic negligence and breaches of ss.7 and 15 of the Charter, the proposed class is identifiable by objective criteria, the claims raise common questions substantially identical to Nasogaluak, a class proceeding is the preferable and efficient forum, the proposed representatives and counsel are adequate, and the AGC's consent (subject to reservation of rights) supported certification; accordingly the action was certified and placed in abeyance pending final Supreme Court timelines.

Court Disposition

Action certified as a class proceeding against His Majesty the King and placed in abeyance pending Supreme Court timelines or written communication terminating abeyance

Orders

• This action is certified as a class proceeding pursuant to Rule 334.16(1) of the Federal Courts Rules.
• Class defined as: All First Nations, Inuit, and Métis persons who allege that, between May 14, 1953 and present, they were physically or sexually assaulted during arrest or while being held in custody or detained by members of the RCMP, and who were alive as of July 20, 2018, excluding class members in Federal Court...