Mr. Speaker, the Department of Justice undertook a preliminary search to determine what information would fall within the scope of the question and the time that would be required to prepare a comprehensive response. Producing and validating a response to this question would require a manual collection and careful analysis of individual transactions that is not possible in the time allotted, and which cannot be completed with the precision and detail necessary to ensure a complete and accurate response.
Although it is not possible to provide a response to the specific question posed, the Department of Justice can provide a summary of the total legal costs to respond to this class action, which includes but is not limited to legal services to support the preservation of records covering 99 departments and agencies, the motion for certification, the motion to strike, examinations, as well as various other steps required of Canada in the context of the litigation. To the extent that the information is, or may be, protected by any legal privileges, including solicitor-client privilege, the federal Crown asserts those privileges. In this case, it has only waived solicitor-client privilege, and only to the extent of revealing the total legal costs, as defined below.
The total actual and notional legal costs associated with the Black Class Action, the Thompson lawsuit, amount to approximately $7.85 million. This amount covers the costs associated with all aspects of the litigation. The services targeted here are litigation services as well as litigation support services. Department of Justice lawyers, notaries and paralegals are salaried public servants and therefore no legal fees are incurred for their services. A “notional amount” can, however, be provided to account for the legal services they provide. The notional amount is calculated by multiplying the total hours recorded in the responsive files for the relevant period by the applicable approved internal legal services hourly rates. Actual costs represent file related legal disbursements and legal agent fees, as the case may be. The total amount mentioned in this response is based on information contained in Department of Justice systems, as of July 5, 2023.