For Immediate Release
xʷməθkʷəy̓əm (Musqueam), səlilwətaɬ (Tsleil-Waututh) and Sḵwx̱wú7mesh (Squamish) territories / Vancouver, BC – The BC Civil Liberties Association (BCCLA) is at the BC Court of Appeal today to intervene in Dang v. Attorney General of Canada. This case relates to a proposed class action against the RCMP for Charter violations they committed during the old-growth logging protests near Fairy Creek.
The BC Supreme Court dismissed the class action on the basis that it did not meet the test for certification. One part of that test is whether there is a better avenue available than a class action to deal with the issues raised in the case. In this case, the Court suggested that it would be better if each person who had their rights violated brought their own case, either by suing the RCMP or by filing a complaint to a police oversight body.
BCCLA is intervening in this case to argue that before dismissing a class action lawsuit seeking compensation for Charter violations, courts must be sure that any alternative procedure provides a remedy that adequately protects Charter rights. When it comes to police complaints, this is clearly not the case. For instance, the Civilian Review and Complaints Commission’s recommendations are non-binding, and it does not provide compensation for wrongdoing. Meanwhile, the Independent Investigations Office only investigates incidents where police have caused death or serious harm to determine if criminal charges should be pursued. It does not have the mandate to grant remedies to individuals who have been harmed.
Veronica Martisius, BCCLA Staff Lawyer, says:
“When it comes to holding the RCMP accountable for widespread misconduct including Charter violations in the context of mass protests, police oversight bodies can only go so far. Access to justice demands that every option for meaningful remedy remain on the table.”
BCCLA is represented by Katie Duke and Jamie Thornback of CFM Lawyers LLP.