The lawsuit alleges that Aboriginal Persons (Indian, Inuit or Métis) are regularly assaulted by RCMP officers in the Northwest Territories, Nunavut, and the Yukon Territory because they are Aboriginal. The claim alleges systemic negligence and breaches of sections 7 and 15 of the Canadian Charter of Rights and Freedoms.
The case is known as Nasogaluak v. Canada (Attorney General), Court File No. T-2158-18. The people who sued are called the Plaintiffs. The Defendant is the Attorney General of Canada.
In a class action, a person or people called the “Representative Plaintiff” or “Representative Plaintiffs” (in this case, Joe David Nasogaluak) sue on behalf of people who have similar claims. All of the people with similar claims are called “Class Members” or simply the “Class”. The court resolves the issues for all class members at the same time in one case, except those who remove themselves from the Class by opting out.
The Federal Court has “certified” this lawsuit as a class action. This means that the lawsuit meets the requirements for class actions and may proceed to trial. If you are included, you may have legal rights and options before the Court decides whether the claims being made against Canada on your behalf are correct. This notice explains all of these things.
The Federal Court certified this lawsuit as a class action on June 23, 2021. Canada appealed from the certification order. On March 17, 2023, the Federal Court of Appeal heard Canada’s appeal and decided that the lawsuit should proceed as a class action. Canada sought leave to appeal to the Supreme Court of Canada from the judgment of the Federal Court of Appeal. On December 14, 2023, the Supreme Court dismissed Canada’s application. You are receiving this notice because the certification decision is now final, and you may be a member of the Class.
The Class consists of all Aboriginal Persons (Indian, Inuit, or Métis) who allege that they were assaulted at any time while being held in custody or detained by RCMP Officers in the Territories (Northwest Territories, Nunavut, and the Yukon), and who were alive as of December 18, 2016. If this applies to you, you are a member of the Class.
The Plaintiffs are asking for damages (monetary compensation) for Canada’s systemic negligence, and under the Canadian Charter of Rights and Freedoms, in addition to declarations that Canada was systemically negligent and breached the Charter rights of Class Members.
No. The Court has not yet decided whether Canada did anything wrong. Canada denies doing anything wrong. The two sides have not settled the case. There is no money available and no guarantee that money or benefits will ever become available. An additional notice will follow if money becomes available.
If you are a Class Member, and you do nothing, you will automatically remain in the lawsuit. You will be bound by all Court orders, good or bad. If any benefit is awarded, you may need to take further action in order to claim the benefit.
If you do not want to be in the lawsuit, you must remove yourself – this is sometimes referred to as “opting out.” If you remove yourself, you will not receive any benefit that may be obtained from the lawsuit. You will not be bound by any Court orders or judgements in the class action and you keep your right to sue Canada separately as an individual regarding the issues in this case.
If you decide to opt out and pursue your own lawsuit against Canada, it is your responsibility to retain your own lawyers at your own expense.
To remove yourself, send a letter to the Administrator that says you want to be removed from the Class in Nasogaluak v. Canada (Attorney General). Include your name, address, telephone number, and signature. You can also get an Opt Out Form here.
Whether you use a letter or an Opt Out Form, you must send your request to be removed from the class action to the Administrator by no later than March 3, 2025 by email to [email protected] or by mail to:
AGNQ Notice Administrator
C/O Verita Global Inc.
P.O. Box 3355
London, ON N6A 4K3
Opt out forms sent by mail must be postmarked no later than March 3, 2025.
If you have any questions about how to get out of the Class, contact the Administrator at 1-888-663-7635 or by email at [email protected].
Yes. The Court has appointed Koskie Minsky LLP and Cooper Regel LLP to represent the Class as “Class Counsel”. You will not be personally charged for Class Counsel’s work.
Class Counsel will only be paid if the Plaintiffs win a trial or there is a settlement. The Court has to approve Class Counsel’s request to be paid. The Court will only approve an amount that is fair and reasonable. The fees and expenses could be deducted from any money obtained for the Class or could be paid separately by the Defendant. You will not be asked to personally pay any money to cover Class Counsel’s fees.
If the lawsuit is not settled, the Plaintiffs will have to prove their claims at a trial. During the trial, the Court will hear all of the evidence and decide whether the Plaintiffs or Canada are right about the claims in the lawsuit. There is no guarantee that the Plaintiffs will win any money or benefits for the Class.
If the Plaintiffs are successful and obtain money or benefits as a result of the trial or settlement, we will notify the Class about how to ask for a share. These things are not known right now.
Important information about the case is posted on the website for this case as it becomes available. You should also provide your contact information to Class Counsel to receive timely updates about the case, including instructions for any action you may need to take to claim your share, if it becomes available.
You can get more information by reading the documents on the Documents tab, or by contacting the Administrator:
AGNQ Notice Administrator
C/O Verita Global Inc.
P.O. Box 3355
London, ON N6A 4K3