Canadian Press – A lawsuit alleging RCMP systematically brutalized Indigenous people in Northern Canada can proceed as a class action despite objections from the government, Federal Court ruled on Wednesday. In her decision, Judge Glennys McVeigh rejected the government’s arguments that the proposed suit failed to meet the legal grounds for certification although individuals could sue on their own, and that the claim had no prospect of success. “I disagree with Canada’s characterization of these claims as individual,” McVeigh wrote. “The claims do not ask if an RCMP officer illegally assaulted a class member, but rather whether the operations of the RCMP create a system where illegal assaults happen.”
The untested claim, initially filed in 2018, seeks $600 million in various damages. Among other things, it alleges the federal government negligently failed to stop what it characterizes as routine police assaults on Aboriginal people who comprise the majority in the Northwest Territories, Nunavut and Yukon. The claim asserts systemic negligence, breach of fiduciary duty and constitutional violations. The government, it says, has known about the issues for years but has failed to substantively address the problem. “Aboriginal persons are frequently arrested, detained or held in custody by RCMP officers in the territories on the basis of their race, ethnic and/or national origin,” the claim states.
“RCMP officers and other agents of the RCMP regularly discriminate against Aboriginal persons by employing excessive and unnecessary force, by arresting or detaining Aboriginal persons for no reason, and by using hateful speech and language in the course of policing in the territories.”