A class action lawsuit involving Indigenous people who allege they were assaulted while they were held in custody or detained by RCMP officers in the territories was certified in Federal Court on Wednesday.

       The proposed representative plaintiff in the case is Joe Nasogaluak, an Indigenous man who resides in Tuktoyaktuk, in the Northwest Territories. He alleges that, in 2017, when he was 15 years old, the RCMP assaulted him during an arrest and held him in custody. Other potential class members in affidavits described experiences of racism and RCMP violence when they were arrested or detained at various points in the past.

       The claim, which is untested in court, is seeking $500-million in damages from Canada for negligence and breach of the Canadian Charter of Rights and Freedoms, as well as punitive and exemplary damages in the amount of $100-million.

       Certification is an early step in the process of launching a class-action lawsuit. Plaintiffs must satisfy a list of legal requirements designed to ensure, among other things, that the potential class-action members share a set of legal issues. Now that there is a certified class, class members can proceed with suing the government as a group.

       The certification is taking place during a period of greater discussion of systemic racism among police officers in Canada, particularly within its national police force. Last year, some Indigenous leaders called for RCMP Commissioner Brenda Lucki to resign after she said in interviews that she “struggled” with determining whether systemic racism existed in the force. She later said, in a public statement, that she regretted not stating definitively that racism is present in the RCMP.

       James Sayce, a partner at the law firm Koskie Minsky and lead counsel for the case’s plaintiffs, said Wednesday that the certification was a “big win in the battle to hold the RCMP accountable for its conduct with Indigenous peoples in Canada.”

       “The Government of Canada’s position in this litigation has been unfortunate, and we are pleased the Federal Court completely rejected it,” Mr. Sayce said.

       The government’s position was that the claim did not disclose any cause of action or satisfy other certification requirements. Refusing certification would not preclude any individual litigants from alleging negligence in individual cases, the government added in its filings.

       Judge Glennys McVeigh said she disagreed with Canada’s characterization of the claims against it as individual.

       “There will not need to be individual assessment until the common questions are answered,” she said in her decision. “This is because the claims do not ask if an RCMP officer illegally assaulted a class member, but rather whether the operations of the RCMP create a system where illegal assaults happen. After this has been established, then it can be determined whether a particular class member was a victim of this system.”

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       In a statement, the RCMP said it will take time to consider the court’s decision and determine appropriate next steps. The force also said the RCMP is committed to reconciliation and a renewed and enhanced relationship with Indigenous people based on the recognition of rights, respect, co-operation and partnership.

       Last week, the House of Commons public safety committee released a report saying that systemic racism in policing in Canada is a real and pressing problem, which needs to be urgently addressed.

       The report contained 42 recommendations that the committee said are aimed at reforming Canadian policing to “ensure that all Canadians can access police services free from racism and other forms of discrimination.”

       Liberal MP John McKay, who chairs the committee, said when the report was released that it is time for Canada to have a reckoning with itself and its premier institutions.

       The committee report also includes a call for the federal government to clarify and strengthen the mandate, independence and efficacy of the Civilian Review and Complaints Commission (CRCC) for the RCMP. The CRCC is an independent agency to which individuals can bring complaints about the conduct of RCMP members.

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