Illegal strip search in Rivière-des-Prairies and Bordeaux
This class action seeks indemnity for every person who has had to undergo a strip search when entering the provincial correctional Rivière-des-Prairies and Bordeaux for the purpose of a first visioappearance and who has been released after visioappearance.
The proceeding alleges that these strip searches are illegal, abusive and practised in violation of the rights to integrity and dignity of members of the group. This class action seeks to obtain compensation for the prejudice suffered by the members and punitive damages for the intentional breach of their fundamental rights.
On June 25, 2019, the Superior Court of Quebec authorized Mr. Mathieu Barbeau to institute a class action against the Attorney General of Quebec, who represents the Correctional Services of Quebec. However, the Superior Court limited the breadth of the class action by concluding that the waiting period for defendants after visioappearance could not give rise to compensation in the context of this class action. Therefore, we will focus on the illegality of the strip search.
The defendant is challenging the action, arguing that these strip searches are within the applicable legal framework. The trial will take place from November 16 to 25, 2022 in the Montreal Courthouse.
Are you a member?
The class members are defined as follows:
– brought in the provincial correctional facilities of Rivière-des-Prairies or Bordeaux since October 1, 2016 for the purpose of a first visioappearance, and
– released by a judge after visioappearance and
– strip searched in the correctional facility prior to visioappearance.
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