Application For Authorization - Nunavik Victims of Crime
Application For Authorization - Nunavik Victims of Crime
Application For Authorization - Nunavik Victims of Crime
No. : 500-06-001160-213
Plaintiff
vs.
1. Recitals .................................................................................................................... 2
2. Parties ...................................................................................................................... 3
i. Class members ..................................................................................................... 3
ii. Respondent ........................................................................................................... 4
3. Compensation Scheme ............................................................................................ 4
i. The Crime Victims Compensation Act (CVCA) ...................................................... 4
ii. The Act Respecting Assistance for Victims of Crime (AAVC)................................ 5
iii. The Crime Victims Assistance Bureau (CVAB) .................................................. 5
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1. Recitals
1. This application pertains to the systemic discrimination Inuit1 residing in the province
of Québec must face whenever they request access to public services.
2. Thousands of Quebeckers fall prey to crimes against the person each year.
3. Victims can usually rely on a publicly administered compensation scheme in order
to recover from the physical and psychological impact of such crimes (hereinafter,
the « Compensation Scheme »).
4. The Compensation Scheme is based upon the premise that (i) crimes cannot be
avoided in a society, and (ii) their consequences must be borne by each and every
citizen – just as in the case of road traffic and work-related accidents.
1In the inuktitut language, the word Inuit means “mankind” or “human beings”. It is the plural form of the
word Inuk. Its corresponding adjective, Inuit, is constant and invariable.
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2. Parties
i. Class members
14. Ms. Raven Gordon-Kawapit (hereinafter, the « Plaintiff ») wishes to introduce a
class action on behalf of the individuals who are members of the group described
as follows (of which she is herself a member) (hereinafter, the « Class »):
2 Nunavik is an Inuit territory (located north of the 55th parallel) which covers nearly a third of the province
of Québec. Inuit residents account for more or less 90% of the population of Nunavik.
3 Such statistics are based on data published by the Department of Public Safety, the Direction de
l’Indemnisation des Victimes d’Actes Criminels, and the Kativik Regional Police Force. Relevant reports
are disclosed in support of this application.
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Any and all individuals who, although they were the direct or indirect
victim of a crime against the person perpetrated within Nunavik territory,
were denied support by the government and its representatives
according to the public Compensation Scheme established under the
Crime Victims Compensation Act.
Are specifically excluded from the definition given above any and all
individuals who, although they were the victim of one or more criminal
acts, did not report any of those criminal acts to the public authorities.
ii. Respondent
15. The Respondent is being sued in its quality of representative of the Department of
Justice of Québec (hereinafter, the « DJQ ») and of the Department of Labour,
Employment, and Social Solidarity (hereinafter, the « DLESS ».
16. The DJQ is responsible for the implementation of the Crime Victims Compensation
Act (hereinafter, the « CVCA ») and of the Act Respecting Assistance for Victims of
Crime (hereinafter, the « AAVC »).
17. The DLESS, for its part, is in charge of the Direction de l’indemnisation des victimes
d’actes criminels (hereinafter, « IVAC »), who is responsible for the management of
the Compensation Scheme.
3. Compensation Scheme
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22. An application for compensation must be submitted within two (2) years of the harm
caused to the victim, failing which the latter will be presumed to have waived their
right to benefit from the Compensation Scheme4.
23. The Compensation Scheme is managed by IVAC, who is accountable to the DJQ.
24. Since it is responsible for the implementation of the CVCA, the DJQ must ensure
that all victims of criminal acts can access (and benefit from) the Compensation
Scheme in a fair and timely manner, anywhere in the province of Québec.
4 Such presumption of waiver can be rebutted, particularly when the victim demonstrates that they were
radically unable to act sooner. (Please refer to section 11 of the AAVC.)
5 AAVC, section 2
6 Id., section 3(1)1°.
7 Id., section 4(1)1°.
8 Id., section 4(1)3°.
9 Id., section 8.
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32. The CVAB employs more or less ten (10) public officials whose mission is to advise
the DJQ on all matters relating to victims assistance10.
33. Part of the Bureau’s assignment consists in promoting victims rights, ensuring the
development and implementation of victims assistance programs, and coordinating
the actions and initiatives of individuals, ministries, and agencies involved in the
provision of services11.
34. The Bureau must also design and broadcast information, awareness, and training
programs focused on the rights and needs of victims, as well as on the services they
have access to12.
35. Last but not least, the CVAB must ensure the creation and maintenance of crime
victims assistance centres (CVAC), and, for that purpose, must involve social
groups and agencies in the establishment of such centres while providing the latter
with the technical and/or professional support they need13.
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Kativik Regional Police Force from 2013 to 2020, filed in support hereto as Exhibit
P-5.
56. Nunavik’s local rate of crimes against the person is approximately forty (40) times
higher than the average applied throughout the province of Québec14.
57. From 2001 to 2017, 4,7% of sexual assaults and 3,2% of domestic violence cases
reported throughout the province of Québec came from Inuit communities residing
in Nunavik, as evidenced by the Viens Commission’s Summary report on domestic,
family, and sexual violence and police and legal services, filed in support hereto as
Exhibit P-6.
58. In 1992, nearly one (1) out of three (3) residents of Nunavik reported having been
the victim of at least one sexual assault so far, as evidenced by the report entitled
Et la santé des Inuits, ça va? published by Santé Québec in 1994, filed in support
hereto as Exhibit P-7.
59. In 2004, one (1) out of two (2) women reported having suffered from sexual abuse
while growing up in Nunavik, as evidenced by the report entitled Qanuirpitaa?,
published by the National Public Health Institute in 2008, filed in support hereto as
Exhibit P-8.
60. In 2017, 57% of Nunavik’s population reported having suffered from physical
violence in the past, as evidenced by the report entitled Qanuirpitaa?, published by
the National Public Health Institute in 2017, filed in support hereto as Exhibit P-9.
61. Despite such dire statistics, the Respondent has failed to implement measures
aimed at ensuring that Victims from Nunavik can benefit from the Compensation
Scheme just like other citizens of the province of Québec.
62. Literally ignored by their own government, Victims from Nunavik are practically
never compensated.
63. From 2013 to 2020, IVAC paid only 86 indemnities in connection with the 40 868
crimes against the person reported in Nunavik, as evidenced by the response
provided by the CNESST in regards to an information request dated June 16, 2021,
filed in support hereto as Exhibit P-10.
64. By comparison, IVAC paid 45 743 indemnities in connection with the 559 617 crimes
against the person reported between 2013 and 2019 in the province of Québec.
14The proportion of crimes against the person perpetrated in Québec in 2019 was of 1 033,5 offences for
100 000 inhabitants (Exhibit P-3). In Nunavik, 4 946 crimes were reported in 2019 with respect to a
population of 12 000 people (Exhibit P-5).
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65. The data compiled throughout that period of time clearly show that Victims from
Nunavik are more or less forty (40) times less likely to be financially compensated
than those who reside elsewhere in the province of Québec:
Gap in the data 6213% 4616% 3708% 2779% 2335% 5256% 3745% N/D
recorded in
Nunavik and the
rest of Québec (%)
66. Although they are perfectly aware of this unfair and discriminatory situation imposed
upon Victims from Nunavik, the Respondent does nothing to rectify it.
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68. In 2012, professors Louise Langevin20 and Nathalie Des Rosiers21 denounced the
alarmingly low rate of compensation of Victims from Nunavik, finding in the situation
« (…) a clear manifestation of the discrimination to which they are exposed
whenever attempting to access public services », as evidenced by an excerpt of
their book entitled « L’indemnisation des victimes de violence sexuelle et
conjugale », filed in support hereto as Exhibit P-12.
69. In 2017, the Government of Québec acknowledged that First Nations and Inuit
communities of Québec had been subject to discrimination for a long time, and
formally vowed to take tangible measures and initiatives in order to help aboriginal
victims of criminal acts, including:
« 3.1.7 : Inform the victims of criminal acts within aboriginal communities of
the right to be protected and of the measures aimed à ensuring their (and
their next of kin’s) safety;
(…)
4.1.2 : Encourage the coordination and exchange of good practices with
aboriginal police forces when it comes to referring aboriginal victims to
CVAC. »
…as evidenced by the document entitled Faire plus, faire mieux – Plan d’action
gouvernemental pour le développement social et culturel des Premières Nations et
des Inuit (2017-2022) published by the Government of Québec, filed in support
hereto as Exhibit P-13.
70. In 2018, IVAC recognized that the amount of compensation applications filed by
aboriginal residents was « less substantial » with respect to the overall volume of
demands, as evidenced by an explanatory document submitted to the Viens
Commission22, filed in support hereto as Exhibit P-14.
71. Still according to IVAC, access to the Compensation Scheme posed a real
« challenge » to the aboriginal communities of Québec, as evidenced by the
transcript of the testimony given by Ms. Odette Guertin (then director of IVAC) before
the Viens Commission on September 24th, 2018, filed in support hereto as Exhibit
P-15.
20 At the time, Ms. Louise Langevin was a tenured professor at the Laval University Law School, as well as
the Claire-Bonenfant research Chair on the condition of women.
21 At the time, Ms. Nathalie Des Rosiers was lead attorney for the Canadian Civil Liberties Association. She
also served as Dean of the University of Ottawa Law School and as president of the Law Commission of
Canada.
22 In 2016, the Respondent created a national committee of enquiry whose mission was to investigate the
discrimination aboriginal communities of Québec were facing whenever they accessed public services.
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72. In 2019, the Viens Commission tabled a devastating report in which it denounced
several discriminatory practices reserved for Québec’s First Nations and Inuit
communities, as evidenced by the Commission’s final and definite report (dated
September 29, 2019), filed in support hereto as Exhibit P-16.
73. Following up on the work carried out by the Viens Commission, the Prime Minister
of Québec issued formal apologies to the First Nations and Inuit communities of the
province and vowed to act quickly and efficiently on the matter, as evidenced by the
chronicles of debates held before the National Assembly of Québec on October 2 nd,
2019, filed in support hereto as Exhibit P-17.
74. Two years later, the Respondent still has not taken any tangible actions, measures,
or initiatives aimed at addressing the unacceptable conditions imposed upon Victims
from Nunavik, as evidenced by responses issued by the DJQ and IVAC in regards
to information requests dated June 30th, 2021, filed jointly in support hereto as
Exhibit P-18.
i. Perpetrated crimes
1. First incident
78. From 2001 to 2005, the Plaintiff was repeatedly assaulted sexually by a member of
her own family.
79. All sexual assaults occurred in Kuujjuaq, while the Plaintiff was between 5 and 11
years of age.
80. Following each assault, the perpetrator threatened to harm the Plaintiff and to kill
her family should she report the event.
81. On one occasion, the perpetrator even strangled the Plaintiff in order to dissuade
her from talking to anybody.
82. In 2013, the Plaintiff found the courage to report the sexual assaults she had
endured.
83. In 2014, her attacker was found guilty of multiple sexual offences and sent to prison
for thirty (30) months.
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2. Second incident
84. In 2008, the Plaintiff was sexually assaulted once more.
85. The sexual assault in question occurred in Kuujjuaq, while the Plaintiff was 12 years
of age.
86. In 2013, the Plaintiff found the courage to press charges against the perpetrator.
87. Her attacker was tried as a young offender and found guilty of sexual assault.
3. Third incident
88. In 2013, the Plaintiff was the victim of an attempted abduction and of an armed
assault.
89. The plaintiff was 17 years-old at the time.
90. The perpetrator forced the Plaintiff to get into a car while pointing a firearm at her.
91. Having managed to leave the car, the Plaintiff ran to the Kuujjuaq police station.
92. Once again, the Plaintiff found the courage to press charges.
93. Her attacker was tried as a young offender and found guilty of sexual assault.
4. Fourth incident
94. In 2015, the Plaintiff was sexually assaulted by her immediate superior during a
Christmas party.
95. The sexual assault in question occurred in Kuujjuaq, while the Plaintiff was 18 years
of age.
96. Once again, the Plaintiff found the courage to press charges.
97. Her attacker was found guilty of sexual assault.
ii. Nowhere to go
98. The Plaintiff found the strength to press charges against all four (4) perpetrators and
also to actively participate in the criminal proceedings introduced against them.
99. In each case, the Plaintiff was forced to collaborate with public authorities, to
participate in police investigations, and to testify in criminal court.
100. Despite the seriousness and the severity of the crimes she was subjected to, the
Plaintiff was never informed of the existence of the Compensation Scheme.
101. Suffering from post-traumatic stress, the Plaintiff tried to alleviate her pain and
anxiety by consuming alcohol and illegal drugs for several years.
102. Shortly after the fourth incident occurred, the Plaintiff attempted to take her own life.
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103. In the spring of 2021, not knowing where to turn to, the Plaintiff consulted with a
private bar attorney in order to file civil proceedings against her attackers.
104. It is only on that occasion that the Plaintiff was made aware of the existence of the
Compensation Scheme.
i. Misconduct
105. At all times relevant to this case, the Respondent was perfectly aware of the
obligations imposed upon them by the CVCA and the AAVC when it came to
compensating Victims from Nunavik.
106. By knowingly failing to honor their obligations, the Respondent unfairly deprived
Victims from Nunavik of the benefits offered by the Compensation Scheme.
107. Such serious and wilful misconduct must be sanctioned by means of compensatory
and punitive damages.
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114. Considering the necessity of protecting such fundamental rights, the Plaintiff is
entitled to claim, not only for herself but on behalf of each and every class member,
punitive damages in the amount of ten thousand dollars (10 000$).
115. Such compensation is fair and just within the meaning of subsection 24(1) of the
Canadian Charter and of subsection 49(2) of the Charter.
9. Conclusions sought
120. The conclusions the Plaintiff is seeking in the course of the class action are as
follows:
GRANT the judicial application filed by the Plaintiff on behalf of all class members;
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ORDER the Respondent to pay each class member (as compensatory damages)
an amount of one thousand dollars (1 000,00 $) for each crime they were
subjected to, the whole with interest and additional indemnity starting on the date
at which the Application for Authorization to introduce a class action and to be
appointed as representative plaintiff was filed;
ORDER the Respondent to pay each class member an amount of ten thousand
dollars (10 000,00 $) as punitive damages (based on sections 7 and 15 of the
Canadian Charter and sections 1 and 10 of the Charter), the whole with interest
and additional indemnity starting on the date at which the Application for
Authorization to introduce a class action and to be appointed as representative
plaintiff was filed;
ORDER any other compensatory measure the Court deems necessary or useful
in order to uphold the fundamental rights of class members;
RECONVENE the parties to a hearing to be held within thirty (30) days of the
court’s final ruling in order to determine in what way the amounts recovered
hereunder will be allocated;
THE WHOLE with legal fees and costs, including (if needed) all notification,
consultation, and administration expenses.
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Any and all individuals who, although they were the direct or indirect
victim of a crime against the person perpetrated within Nunavik territory,
were denied support by the government and its representatives
according to the public Compensation Scheme established under the
Crime Victims Compensation Act.
Are specifically excluded from the definition given above any and all
individuals who, although they were the victim of one or more criminal acts,
did not report any of those criminal acts to the public authorities.
LABEL as follows the questions of fact and of law the Court will have to rule upon
on a collective basis:
1. Did the Respondent fail to honor the obligations imposed upon them by
the CVCA and the AAVC when it came to class members?
2. If so, must the Respondent compensate the class members for the harm
they have suffered?
3. Did the Respondent violate the fundamental rights of class members
protected under sections 7 and 15 of the Canadian Charter?
4. If so, are the class members entitled to damages within the meaning of
subsection 24(1) of the Canadian Charter?
5. Did the Respondent violate the fundamental rights of class members
protected under sections 1, 4, and 10 of the Charter?
6. If so, are the class members entitled to punitive damages within the
meaning of subsection 49(2) of the Charter?
LABEL as follows the conclusions sought in the course of the class action:
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GRANT the class action introduced by the Plaintiff on behalf of all class
members;
ORDER the Respondent to pay each class member an amount of ten thousand
dollars (10 000,00 $) as punitive damages (based on sections 7 and 15 of the
Canadian Charter and sections 1 and 10 of the Charter), the whole with interest
and additional indemnity starting on the date at which the Application for
Authorization to introduce a class action and to be appointed as representative
plaintiff was filed;
RECONVENE the parties to a hearing to be held within thirty (30) days of the
court’s final ruling in order to determine in what way the amounts recovered
hereunder will be allocated;
THE WHOLE with legal fees and costs, including (if needed) all notification,
consultation, and administration expenses.
ORDER that unless they have asked to be excluded from the proceedings, class
members will be bound by the ruling the Court will make in connection with the
class action;
SET at sixty (60) days past the publication of the notice to members the deadline
members of the class will have to exclude themselves from the proceedings, failing
which any and all members who have not opted out will be irrevocably bound by
the Court’s ruling.
REFER the case to the Chief Justice so a judicial district is determined and a
responsible justice is appointed.
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THE WHOLE with legal fees and costs, including all notification expenses.
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