CIVIL PROCEDURE – Parties - Class or representative actions - Certification - Clearly wrong or palpable and overriding error

Law360 Canada (April 25, 2023, 6:22 AM EDT) -- Appeal by the Attorney General from an order certifying an action as a class proceeding. The Attorney General argued that the motion judge committed reversible errors in her consideration of each of the four conditions for certification. The amended statement of claim described Nasogaluak as Aboriginal. The pleading alleged that when he was 15, he was arrested by two officers of the Royal Canadian Mounted Police (“RCMP”), who assaulted him and made derogatory statements about his racial origin which caused him lasting physical and psychological harm. Nasogaluak commenced a proposed class proceeding in the Federal Court against the federal Crown, as represented by the Attorney General, on behalf of a putative class described as “all Aboriginal Persons who alleged they were assaulted at any time while being held in custody or detained by RCMP Officers in the Territories and were alive as of December 18, 2016.” The relief sought in the amended statement of claim included, in addition to an order certifying the action as a class proceeding and declaratory and monetary relief for systemic negligence, breach of fiduciary duty and breaches of s. 7 and s. 15 of the Canadian Charter of Rights and Freedoms (Charter)....
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