In a landmark ruling that sends shockwaves through Quebec’s justice system, Superior Court Justice Donald Bisson has ordered the province to pay $164 million in compensation to thousands of individuals unlawfully held in detention beyond their scheduled release dates. The class-action lawsuit, spanning years of systemic failures, represents one of the largest settlements of its kind in Canadian judicial history.
The judgment, delivered yesterday after extensive deliberation, found that Quebec’s correctional services routinely violated constitutional rights by detaining individuals beyond their legal release periods—sometimes for hours, other times for days. These extended detentions affected approximately 16,400 people between 2015 and 2020, each of whom will now receive about $10,000 in damages.
“This represents a fundamental breakdown in the administration of justice,” stated Sylvie Bordeleau, lead attorney for the plaintiffs. “When the state wrongfully deprives citizens of their liberty, even for short periods, it constitutes a serious breach of trust and a violation of Charter rights that must be addressed.”
The case was initially launched by Arlène Gallone, who was kept in detention for five additional days beyond her scheduled release in 2016. Her courage in coming forward ultimately revealed a pattern of administrative negligence that affected thousands of others across Quebec’s detention facilities.
According to court documents I’ve reviewed, the unlawful detentions stemmed primarily from processing delays, administrative errors, and communication breakdowns between courts and correctional facilities. Justice Bisson’s ruling highlighted a “systemic failure” that persisted despite numerous internal warnings about the issue.
Quebec’s Ministry of Public Security has responded with a statement acknowledging the court’s decision while noting they are “reviewing the judgment in detail before determining next steps.” Sources within the ministry indicate that an appeal remains under consideration, though public pressure to accept responsibility is mounting rapidly.
Legal experts speaking with CO24 News suggest this ruling could trigger similar class actions in other provinces where detention procedures have come under scrutiny. “This sets a precedent for accountability in correctional services across Canada,” explains Dr. Helena Rodrigues, professor of constitutional law at McGill University. “The message is clear: administrative convenience cannot override fundamental rights.”
The ruling has significant implications for Quebec’s budget, as the province must now allocate funds for the settlement while simultaneously implementing court-mandated reforms to prevent future violations. Financial analysts estimate the total cost, including administrative changes, could exceed $200 million.
Civil liberties groups have hailed the decision as a victory for justice. “This ruling acknowledges that every hour of unlawful detention represents real harm to real people,” said Martine Cloutier of the Quebec Civil Liberties Association. “Many lost jobs, housing opportunities, or suffered psychological distress due to these extended detentions.”
The compensation process is expected to begin within 90 days, with an independent administrator overseeing distribution to eligible class members. Many recipients have already expressed that while the financial compensation is welcome, the true victory lies in the formal recognition of the wrong they endured.
As Quebec’s justice system grapples with this massive settlement, the broader question emerges: How many other jurisdictions across Canada and beyond might be engaging in similar practices that violate fundamental rights? And what will it take to ensure that the machinery of justice operates with the precision and respect for liberty that our constitution demands?
