Court of Appeal says class proceeding is preferable to RCMP complaints process for alleged Charter violations
Decision marks significant development in ongoing legal fallout from Fairy Creek old-growth logging protests
xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish) and səlilwətaɬ (Tsleil Waututh) / Vancouver, BC — The BC Civil Liberties Association (BCCLA) says a recent ruling from the BC Court of Appeal strengthens access to justice for individuals alleging Charter violations during the Fairy Creek old-growth logging protests on Vancouver Island.
In a decision released May 20 in Dang v. Attorney General of Canada, the Court of Appeal ruled that a lower court judge erred in dismissing a proposed class action related to RCMP conduct during the demonstrations. The appellate court ordered the matter returned to the BC Supreme Court for reconsideration.
The proposed class action stems from allegations of Charter breaches during RCMP enforcement actions at Fairy Creek, where protesters opposed old-growth logging operations. The demonstrations, which drew national attention, resulted in hundreds of arrests and raised concerns from civil liberties advocates about police tactics and enforcement measures.
The BCCLA intervened in the appeal to argue that courts should not dismiss class actions seeking damages for Charter violations unless alternative mechanisms can provide adequate remedies and properly protect constitutional rights.
According to the organization, the Court agreed that the Civilian Review and Complaints Commission (CRCC), the RCMP’s oversight body, does not offer the same level of access to justice as a class proceeding.
The ruling highlighted limitations in the CRCC process, including its investigative structure and inability to recommend compensation for Charter damages. The Court concluded that a class action would provide a more effective and efficient way to address the common legal issues raised in the certification application.
Court finds class action better suited to resolving common issues
The Court held that, in this case, “a class proceeding is the preferable procedure for the fair and efficient resolution of the common issues identified in the application for class certification.”
Legal observers say the decision could have broader implications for future cases involving allegations of police misconduct during protests and acts of civil disobedience.
The judgment also reinforces the role of courts in ensuring meaningful remedies are available when constitutional rights are alleged to have been violated.
Katie Duke, counsel for the BCCLA, said the ruling recognizes the value of class actions in cases involving allegations of police overreach.
“The Court confirmed the important role a class action can play in providing access to justice in cases of police overreach during protests and acts of civil disobedience. It was especially interesting to see the Court recognize that class actions may more effectively provide compensation to victims and encourage police to modify behaviour than police oversight bodies such as the RCMP Civilian Review and Complaints Commission.”
The BCCLA said the decision represents an important acknowledgment that oversight bodies may not always provide sufficient remedies for individuals seeking accountability and compensation for Charter-related harms.
Fairy Creek protests sparked national debate
The Fairy Creek protests became one of the largest acts of civil disobedience in Canadian history, attracting environmental activists, Indigenous land defenders and supporters from across the country.
Critics of RCMP enforcement at the site alleged excessive use of authority, restricted media access and violations of constitutional protections related to peaceful protest and freedom of expression. Police, meanwhile, maintained that enforcement actions were necessary to uphold court injunctions and maintain public safety.
The class action certification process does not determine whether Charter violations occurred, but instead assesses whether the case is suitable to proceed as a class proceeding on behalf of a larger group.
By sending the matter back to the BC Supreme Court, the Court of Appeal has reopened the possibility that the proposed lawsuit could move forward collectively rather than through individual complaints to the RCMP oversight system.
BCCLA was represented in the matter by Katie Duke and Jamie Thornback of CFM Lawyers LLP.
The case is expected to remain closely watched by civil liberties organizations, environmental advocates and legal experts examining the balance between protest rights, police accountability and access to constitutional remedies in Canada.