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Judge to reserve decision on MMIWG lawsuit as hearing concludes

The certification hearing for a $600 million lawsuit against the federal government and RCMP concluded on Thursday
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Lawyer Tony Merchant addresses media with his legal team (behind) and client Diane BigEagle (left) outside the courthouse in Regina on Sept. 21.

The certification hearing for a case against the federal government and RCMP concluded on Thursday, following several days of submissions from lawyers on both sides of the class action suit

Justice Glennys McVeigh is the presiding judge over the certification and announced she will be reserving her decision on the case until a further date, following the final arguments presented by lawyers on both sides of the class action.

Regina lawyer Tony Merchant, representing primary class member Diane BigEagle and an estimated 60 families, alleges that compensation is owed to families of missing and murdered Indigenous women due to “negligent investigation” by the RCMP.

Merchant said that RCMP were slow to open investigations into missing Indigenous women and dismissive of their state as high-risk victims due to systemic discrimination. He argued that RCMP neglected their duty of care, as they knew the victims were missing and belonged to a vulnerable demographic, and now owed compensation for harm caused to the families.

He also argued that Canada is guilty of inaction following the release of the 2016 Inquiry into Missing and Murdered Indigenous Women and Girls despite Prime Minister Trudeau publicly acknowledging the report and its findings.

Merchant has filed the class action seeking $500 million in damages and $100 million in punitive damages from the federal government, as compensation for the class members represented by the case. If the claim succeeds, the $600 million will be distributed amongst class members on a case-by-case basis.

Crown lawyer Bruce Hughson and his team counter-argued that a class action lawsuit is not the appropriate vehicle to provide compensation and that Merchant’s claims the RCMP participated in acts of genocide are unfounded by submitted evidence.

The Crown also said that BigEagle was not the ideal representative for the claim, as RCMP were acting in a liaison role in the investigation of her daughter’s case, which was being handled by Regina City Police.

The Crown also argued that the terms of the class action are too broad and will present a very complicated and overwhelming trial if certified, as individual class members will have to be looking into separately to determine if they are eligible.

Defence lawyers also said that RCMP do not owe a duty of care to families of victims, adding that many cases included in the lawsuit are regarding missing persons who could still be found and thus remove the families from the class. The Crown feels that the claim is asking for families to be compensated before an ongoing investigation is concluded.

Justice McVeigh will review all submissions to determine if the class action suit is not “hopeless” and can proceed to the Supreme Court of Canada for trial. She did not provide a set date of return at the conclusion of the hearing.

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