Some 1.5 million Quebecers could get money back from the government if a class action lawsuit against the SAAQ goes forward.
Montreal resident Steve Abihsira was caught at a red light with a phone in his hand, he was issued a fine, plead guilty, and paid the ticket — but he says the punishment for that crime came down twice when he went to renew his licence.
"Basically it's double jeopardy," says Steve Abihsira. "The insurance contribution was higher and I was asking myself 'why am I paying double if I already paid for my first ticket'?"
His lawyer Joey Zukran with Ticket Legal says they've launched a class action lawsuit together because the Canadian Charter of Rights and Freedoms bars the government from punishing anyone twice for the same crime — it could effect a lot of people.
"It's written explicitly, that you cannot be penalized twice for the same infraction," he says. "Anyone who's had to pay these amounts is automatically included in our class unless they take steps to exclude themselves at a later stage."
But Mario Vaillancourt says it's not a punishment; the higher insurance premiums are about calculating risk
"Drivers who have committed a driving related offence they are more at risk of causing or being involved in a driving related accident." he says.
He says dangerous drivers tend to cost insurance companies more, so they should also pay more.