March 8, 2023:
Overview of the Claim
On March 8, 2023, Arvin Dang and Kristy Morgan, represented by Branch MacMaster LLP and Arvay Finlay LLP, commenced a proposed class action in the Supreme Court of British Columbia alleging that the RCMP’s policies and tactics in enforcing an injunction order in Fairy Creek violated the Charter rights of the proposed class members and constituted tortious conduct. In particular, the claim targets the RCMP’s use of an exclusion zone policy and its catch-and-release policy. A copy of the Notice of Civil Claim filed in the Supreme Court of British Columbia is available by clicking here. The press release in relation to the filing of this action is available by clicking here.
Who can participate?
The lawsuit is brought on behalf of all persons who either:
- had their movement impeded, were detained or arrested, or had their person or property searched or seized by RCMP officers in connection with enforcement of the Fairy Creek injunction during the Class Period, when attempting to access or travel in the injunction zone; or
- had their movement impeded, were detained or arrested, or had their person or property searched or seized by RCMP officers during the Class Period, in connection with the enforcement of the Fairy Creek injunction but for whom the RCMP did not recommend to bring charges.
How do I become involved?
You do not need to do anything at this stage to participate in this Class Action. If you are a class member and the action is certified as a class proceeding, you will be automatically included in the class unless you choose to opt-out of the class action. If the action is certified by the court, then notice will be issued advising class potential class members how they may opt-out of they wish to do so. However, in the meantime, we encourage potential class members to register with us so they may receive direct notification from counsel as the proceedings progress. You can do so by providing your name, contact information (including email) and any information you have about how you were subject to exclusion zones or catch-and-release tactics by RCMP at Fairy Creek, by clicking here. We will add you to our database of potential claimants*.
*Please note that registering with class counsel does not automatically make you a class member. If the case is certified as a class action, class membership will be determined by the court.
Where can I learn more?
Further updates as to the the status of this proceeding will be posted to this webpage as they become available.
You can also contact us at firstname.lastname@example.org for more information.