In 2016, I accepted one of the most challenging and significant mandates of my career: representing Benoît Atchom Makoma in a class action lawsuit against the Attorney General of Quebec (AGQ) and the Quebec Ministry of Justice.
A true David vs. Goliath case, with no funding and a direct challenge to the State… and the functioning of the judicial system itself. I had never led a class action before. But defending fundamental rights has always been at the heart of my commitment. Me Jean-François Benoît would often repeat: “Imagine if we win, it would change everything!” This idea drove us forward.
The Battle
We faced an army of lawyers from the Attorney General of Quebec and the cities of Montreal and Quebec. They claimed our case had no basis. Yet, we obtained authorization to proceed with the class action. A crucial first victory.
The Pandemic and the Intervention of Kugler Kandestin
The pandemic slowed down the procedure. It was at this point that I called upon Kugler Kandestin. Their contribution – rigor, strategic vision, and solid pleadings – changed the game. I am deeply grateful to them.
After nearly 10 years of fighting, the Superior Court has ruled: the Attorney General is condemned to pay $164 million to 22,000 citizens who were detained illegally for more than 24 hours without appearing before a judge.
The Implications of the Judgment
The court is clear: “The State did not reform until this class action was initiated.” This judgment goes far beyond financial compensation. It reaffirms that constitutional rights take precedence over any administrative or budgetary constraint.
A Historic Victory
A historic victory for justice, human rights… and dignity. This moment will forever be etched in my professional life. This victory is not mine alone. It belongs to all those who believed that justice can – and must – triumph. No government is above fundamental rights.
Several steps must be taken before we can proceed with distributing the amounts awarded by the judgment. Specifically:
Benoît Atchom Makoma v. The Attorney General of Quebec and City of Montreal and City of Quebec
Since 2018, our firm has been resolutely leading the class action concerning the failure to comply with the 24-hour deadline for the appearance of detained persons.
The target group: All persons arrested and held in detention in Quebec after June 19, 2015, for a period of more than 24 consecutive hours without appearing, while during this period of detention the courts were not sitting due to the fact that it was a Saturday, Sunday or statutory holiday.
We obtained groundbreaking partial settlements against the Cities of Quebec and Montreal, providing compensation to eligible members.
Detention for more than 24 consecutive hours in Montreal – Proactio
The trial against the Attorney General of Quebec took place from January 22 to February 13, 2025, and we are currently awaiting judgment on the merits.
Our role has been central to the creation and management of this appeal, from collecting testimony to negotiating settlements. Through our commitment, we ensure that citizens ‘ fundamental rights are protected and that those affected receive fair compensation.
For further information, please consult the documents in the class action register file:
You can also contact us to update your contact details or ask questions.
We will keep you informed as soon as the final judgment is rendered.
Need a business or family law lawyer in Gatineau? Are you starting your own business? Considering a separation? Need legal advice?
