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September 24, 2020
REGINA — A judge has reserved her decision on whether Diane Bigeagle’s attempt to sue the RCMP will be certified as a class-action lawsuit.
During the fourth day of a hearing to determine whether Diane Bigeagle’s attempt to sue the RCMP will be certified as a class-action lawsuit, the defence for the Department of Justice outlined why it does not believe there are common issues between the proposed class members.
“There are always innumerable individual issues that remain,” Merchant, BIgeagle’s Lawyer, said, adding that who would be eligible for compensation and involved in the class would be worked out at the common issues trial not now during the verification process.
Defence lawyer Christine Ashcroft argued to determine a standard of care from police, the court would need to inquire into each member of the classes issues. Ashcroft said this would defeat the common issues of a class-action lawsuit.