Registre des actions collectives

Étape de la demande :

Autorisation - Demande d’autorisation pour exercer l’action collective à la Cour supérieure

Palais de justice :

Montréal

Date de dépôt de la demande d'autorisation :

2023-09-22

No de dossier :

500-06-001265-236

Sujet :

Autochtone; Droits de la personne; Responsabilité de l'État; Responsabilité civile

Cette affaire concerne :

Discrimination, sexual abuse and isolation/confinement measures suffered by First Nations, Inuit or Métis persons, including those without status, while they were placed in a reception centre as a child.

Nom des parties :

Harry Dandy v. Attorney General of Québec & al.

Description du groupe qui intente l'action :

Any First Nations, Inuit or Métis person, including those without status, save for an excluded person, who was placed, on or after October 1, 1950, in a Centre pursuant to a Youth Law, when he or she was 17 years old or less and who was subject to Measures, Discrimination, sexual abuse or denied an education at a Centre. The italicized words have the following meanings: a) “Centre”: means an industrial school, a youth protection school, a charitable institution, a reception centre, a secured unit, a detention centre, a transition centre, a child and youth protection centre, a rehabilitation centre, a rehabilitation centre for young persons with adjustment problems, an intensive supervision unit and a youth centre. It excludes a hospital centre or a foster family. b) “Youth law”: means the Youth Protection Schools Act, the Youth Protection Act, the Act Respecting Health Services and Social Services, the Act Respecting Health Services and Social Services for Cree Native Persons, the Juvenile Delinquents Act, the Young Offenders Act and the Youth Criminal Justice Act. c) “Measures”: means being placed in solitary confinement, confined in a common area, being locked up in a room or in a cell, being subject to the use of force, including by mechanical means or chemicals. d) “Discrimination”: means being punished for speaking one’s Indigenous language, practising one’s Indigenous culture, being subjected to derogatory or degrading treatment or comments by staff members regarding one’s Indigenous identity, or being subject to differential treatment without justification on the basis of one’s race, ethnicity or nationality. e) “Excluded person”: Any person who is part of the class on behalf of which a class action was authorized in connection with Mont d’Youville reception centre (200-06-000221-187), but this exclusion does not apply to any such person who was also admitted to reception centres other than Mont d’Youville. Any person who received financial assistance and signed a release pursuant to the National Program of Reconciliation with the Duplessis Orphans or the National Reconciliation Program for Duplessis Orphans Who Were Residents of Certain Institutions (collectively, the “NPRDO”). This exclusion does not apply to any such persons if, beyond having been admitted to one of the institutions covered by the NPRDO between October 1, 1950, and December 31, 1964, (i) they were also admitted during this period to reception centres which are not covered by the NPRDO; or (ii) they were also admitted or readmitted, on or after January 1, 1965, to any reception centre.