Accelerated Parole Review (“APR”) Class Action

Rice Harbut Elliott LLP is advancing two related class action lawsuits against the Government of Canada (known formally as “His Majesty the King”) which seek Charter damages on behalf of first-time, non-violent federal prisoners whose eligibility for accelerated parole review (APR) was removed by the retroactive provisions of the Abolition of Early Parole Act, SC 2011, c 11.

Overview
Current Status
Documents

Overview

Rice Harbut Elliott LLP seeks to recover Charter damages for all first time, non-violent federal offenders who were held in custody beyond their accelerated parole review (APR) release dates solely as a result of the application of provisions of the Abolition of Early Parole Act, SC 2011, c 11 [AEPA], which retroactively removed their eligibility for APR. The unconstitutionality of those provisions has already been conclusively established by the courts.

If you were deprived of your liberty and suffered other losses as a result of the retroactive removal of your APR eligibility, our class action team is available to try to assist you in seeking compensation. Complete the form below to subscribe to our database and receive all updates and notices regarding this class action.

Current Status

Both of these actions have been certified as class proceedings (2020 FC 1074 (CanLII) | Whaling v. Canada | CanLII.) The Government of Canada’s appeal of the certification of both actions was dismissed by the Federal Court of Appeal (2022 FCA 37 (CanLII) | Canada v. Whaling | CanLII). A trial of a number of preliminary questions of law was heard on March 23, 2023. The Federal Court released its decision on the preliminary questions of law on May 9, 2024 (2024 FC 712 (CanLII) | Whaling v. Canada | CanLII). The Government of Canada has appealed this decision. The appeal is not yet scheduled but is likely to be heard in late 2024.

Documents

Please see the latest versions of the statements of claim for more information about the class actions:

Whaling action – Second Further Amended Statement of Claim.

Kabutey action – Third Further Amended Statement of Claim.

APR Registration Form

Note: You are not obliged to fill in this form to participate in this class action. If you choose to do so, you are not retaining RHE LLP to act on your behalf. Providing the information requested does not make you a client of RHE LLP. All information submitted will be treated as confidential and will only be released as required by law or as you may consent.

I provide my consent and agree herein to receive communications from RHE LLP, which may include announcements regarding class actions, practice updates, newsletters, publications, event invitations or other information that may be of interest. I understand that consent to receive these electronic communications may be withdrawn at any time by emailing reception@rhelaw.com.

Class Action Form

Contact Information

First and Last Name* *

Email* *

Phone* *

Address* *

City/Town* *

Province or Territory* *

Postal Code* *

Date of Birth* *

Was the date on which you received the sentence for your offence before or after March 28, 2011? *

Did you plead guilty to the offence(s) for which you were sentenced? *

What was your APR day parole eligibility date?

On what date were you ultimately released from prison?

When you were ultimately released from prison, what was the nature of that (first) release

Was your release suspended or revoked at any point?

If so, when and for how long were you reincarcerated?

If you returned to work after your release from prison, in what occupation(s) did you work?

Other Coments

Consent* *

I provide my consent and agree herein to receive communications from RHE LLP, which may include announcements regarding class actions, practice updates, newsletters, publications, event invitations or other information that may be of interest. I understand that I can unsubscribe to these emails at any time. I understand that some of the personal information that I provide may be stored or processed outside of British Columbia and/or Canada, on a US server, and will be kept confidential, subject to the potential that a foreign state may seek to access the data for “lawful access” purposes. If you have any questions about RHE’s policies and practices regarding service providers outside Canada, or about the collection, use, disclosure or storage of personal information by the service providers outside Canada, please contact reception@rhelaw.com.

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