xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish) and səlilwətaɬ (Tsleil Waututh) /  Vancouver, BC – The BC Civil Liberties Association (BCCLA) is pleased with the BC Court of Appeal’s May 20 decision in Dang v. Attorney General of Canada. The Court ruled that the lower court judge was wrong to dismiss a proposed class action application for certification related to RCMP Charter violations during old-growth logging protests at Fairy Creek, and ordered that it be sent back to the BC Supreme Court for redetermination.

BCCLA intervened in this case to argue that before dismissing a class action lawsuit seeking compensation for Charter violations, courts must ensure that any alternative procedure provides a remedy that adequately protects Charter rights. The Court found that complaints to the Civilian Review and Complaints Commission (CRCC) offer reduced access to justice because of the nature of the investigative process and the CRCC’s inability to recommend compensation for Charter damages. The Court held that in this case a class proceeding is the preferable procedure for the fair and efficient resolution of the common issues identified in the application for class certification. 

Katie Duke, counsel for BCCLA, says: 

“The Court confirmed the important role a class action can play in providing access to justice in cases of police overreach during protests and acts of civil disobedience. It was especially interesting to see the Court recognize that class actions may more effectively provide compensation to victims and encourage police to modify behaviour than police oversight bodies such as the RCMP Civilian Review and Complaints Commission.” 

BCCLA is represented by Katie Duke and Jamie Thornback of CFM Lawyers LLP.