Sexual Abuse Claims Blog

A recent research project conducted by The Cedar Project in British Columbia has found that aboriginal youth who have relatives who attended an Indian Residential School have higher rates of Hepatitis C infection.

A similar study had already found that children whose parents attended a Residential School were more likely to have suffered sexual abuse as children.

The Public Health Agency of Canada estimates the incidents of Hepatitis C in the general Canadian population to be 0.8% but the latest study found that the disease is 7 times more prevalent among aboriginal people than non-aboriginals.

Of the aboriginal subjects who tested positive for Hepatitis having at least one parent who attended a residential school increased the chances of contracting Hepatitis by 1.9%.

While having a parent that attended an Indian Residential School does not, by itself, cause Hepatitis C it is clear that the learned behavior in the Residential Schools has a impact on how Residential School Survivors raise their own children.

Simply put, if you are raised in an institution how do you learn the types of good parenting skills that will help you keep your own children away from drugs and other high risk behavior?

A man who was 13 years old when he was sexually abused by former probation officer Cesar Lalo has been awarded $375,000.00 in compensation by Supreme Court of Nova Scotia Justice Heather Robertson.

Lalo has been convicted of sexually abusing 29 boys while working as a probation officer for Department of Social Services in Nova Scotia.

Justice Robertson awarded the plaintiff, identified as L.M.M., $125,000.00 for compensation for pain and suffering and an additional $250,000.00 for past and future lost income.

The decision isn't online yet. I will post a copy when it's available.

I have been invited to speak at the Canadian Institute’s Ninth National Summit on Institutional Liability for Sexual Assault and Abuse.

My presentation is Overcoming Key Hurdles in Bringing and Defending Child Sexual Assault and Abuse Claims.

The conference is taking place in Toronto April 7-8, 2010.

You can register, or get more information, here.

The Bishop of the Roman Catholic Diocese of Bathurst has asked the Vatican to laicize a former priest from the Diocese, Father Levi Noel, who has been sentenced to eight years in jail for 22 sex related criminal offences.

Father Wesley Wade, spokesperson for the Diocese of Bathurst has told CBC news that the request is in the hands of the Vatican.

Laicization is a penalty imposed under the Code of Canon Law (Church law) where a priest is stripped of the right to perform priestly duties.

The penalty is rarely imposed. The Code of Canon Law says the penalty can only be imposed "for the gravest reasons". In fact depite the fact that 3 priests from the Diocese of Antigonish were convicted of sexually abusing dozens of children over a period of many decades, not one of them were laicized by any of fomer Bishops of Antigonish.

The Diocese of Bathurst has taken the first step towards proper accountability. It remains to be seen what efforts the Diocese will take to make amends to Levi Noel's victims.

Continue reading "Bathurst Diocese wants to Defrock Sex Abuser Levi Noel" »

I have been retained to represent two women who allege they were sexually abused by a former priest of the Roman Catholic Diocese of Yarmouth, Father Raoul Deveau.

Anna Maria Tremonti of CBC’s The Current, interviewed one of my clients. You can listen to the interview here.

Secrets Protect the Abusers

I was moved by one of the statements made by my client, Linda:

"This is so wrong. You're tired of hiding the secrets. They need to come out and people need to be made aware of that,"

Shame

After the interview aired I was contacted by a lady who had listened to the interview. She was calling me to express her shame. I assumed she meant the shame that most survivors of sexual abuse experience.

But what she told me was that she was ashamed because the first emotion she felt when she heard the interview...was relief. Relief that she wasn't the only person that had been sexually abused by the priest.

She was ashamed that she felt relief because someone else had experienced the same horrible experiences she had gone through!

In Sexual Abuse Settlements Empower Victims to Come Forward I discussed an article by Frank Douglas where he stated:

"...when the predators' names come out, other victims of the same perpetrator are often empowered to come forward."

I couldn't agree more.

So if there is one message that I have for survivors of childhood abuse, it is: You are not alone!

Continue reading "Survivor of Sexual Abuse by Father Raoul Deveau Speaks Out About Claim Against Yarmouth Diocese" »

This months cover story in Canadian Lawyer magazine is about Ron Martin's class action against the Roman Catholic Diocese of Antigonish.

You can read the story online.

Justice Normand Glaude has released his report in the Cornwall Inquiry into allegations of sexual abuse.

Justice Glaude said during a press conference that:

“Institutions were ill equipped to deal with allegations about their own employees…institutions tend to try to find a way out, allowing individuals to stay under ineffective conditions that failed to protect the vulnerable.”

More Concerned About Reputation Than Child Safety

In a statement that rings true Justice Glaude says that institutions were:

“Less concerned about victims than about public embarrassment.”

I have been representing survivors of childhood sexual abuse for more than 18 years. In almost every case of institutional abuse we have investigated, we have found that persons in authority were aware, or should have been aware, of the abuse.

But the institutions failed to report the abuse rather than face the public embarrassment or stigma that public revelations might cause.

This problem has been particularly rampant within the Catholic Church, which appears to have perpetuated a “code of silence”; failing to acknowledge sexual abuse by it's priests or the harm it causes to the victims.

Progress Being Made?

One can only hope that progressive steps like Justice Glaude’s report, and recommendations contained therein, and the recent class action settlement by the Roman Catholic Diocese of Antigonish will provide a path for the future and other institutions facing allegations of sexual abuse.

Continue reading "Cornwall Inquiry Finds “Systemic Failures” to Blame for Historic Sexual Abuse" »

Priest Convicted of Sexual Abuse 20 years Ago

More than 20 years ago Father James Hickey was convicted of sexually abusing a number of alter boys in the Roman Catholic Diocese of St. Johns, Newfoundland.

Since then, the boys, now men, who were sexually abused by Hickey, have been fighting the Catholic Church in Court seeking compensation for their injuries.

The St. Johns Telegram has reported that the Diocese has finally agreed to settle one of the lawsuits for $200,000.00.

I have reported before of the efforts of the Church to fight the claims of abuse survivors.

Why the Antigonish Diocese Sexual Abuse Class Action Settlement is the Right Thing to do.

Perhaps this survivor can move forward with his life, now that the Diocese has been held accountable for the abuse he suffered.

Continue reading "Newfoundland Diocese Agrees to $200,000.00 Sex Abuse Settlement " »

Pope Benedict XVI has issued a statement saying he"shares the outrage, betrayal and shame felt by so many of the faithful in Ireland (over) these heinous crimes," over reports that church leaders in Ireland covered up sexual abuse by priests for decades.

Just a Few Bad Apples

The Pope’s statement expressed his “profound regret” at the actions of “some members of the clergy”.

Church Not to Blame?

In other words, this isn’t the fault of the Church; it’s not the responsibility of the Pope or the Vatican. The decades long cover up involving four consecutive Archbishops who covered up thousands of cases of sexual abuse by priests is just another isolated case of "some members of the clergy" who betrayed the trust placed in them by the victims, their families and their parishioners.

The statement indicates that the Pope intends to write a pastoral letter to Catholics in Ireland indicating what steps the church intends to take in response to the abuse allegations.

Lesson to be Learned

Perhaps the Pope should take a lesson from the Roman Catholic Diocese of Antigonish.

The Diocese of Antigonish has fully accepted responsibility for the sexual abuse perpetrated by priests of the Diocese and has created a program to compensate survivors of sexual abuse by its priests.

What do you think? Is the Irish abuse scandal the result of a few misguided priests or evidence of a systematic cover up by the Catholic Church?

Class Action Deadline

December 4, 2009 was an important deadline under the class action settlement agreement reached with the Diocese of Antigonish. If anyone opted out of the class action settlement on or before December 4, 2009, the Diocese had the right to pull out of the class action.

Similarly, if more than 70 people came forward before December 4, 2009 indicating that they wanted to pursue a claim against the Diocese, Ron Martin had the option to pull out of the class action.

Tremendous Support for Class Action
There has been overwhelming support for the class action from survivors. The feedback that we received from the survivors who have contacted us have unanimously supported Ron Martin and the class action settlement.

I think one of the survivors put it best:

“I survived so many years thinking I was alone, and it was my fault, with no one to turn to. I give all my support to Ron Martin and the class action.”

Some People Have Opted Out
I have been advised by counsel for the Diocese that the Diocese has received some opt out forms from people who do not want to be part of the class action settlement.

Therefore, under the terms of the settlement agreement conditions were met that would have allowed either the Diocese or Ron Martin to pull out of the class action.

Parties Have Agreed to Move Forward

I am pleased to announce that the Diocese and Ron Martin have agreed NOT to exercise their option to pull out of the class action. Therefore the Antigonish Diocese Class Action Settlement is now final and will proceed as planned.

Historic Day

This is a historic day. This is the first time that the Catholic Church has acknowledged its responsibility to survivors of sexual abuse. This is also an important day because Ron Martin has finally been able to fulfill the promise that he made to his brother to ensure that he, and everyone else who was sexually abused by a priest of the Antigonish Diocese, would be able to receive accountability for what happened to them.

Thank You

On behalf of Ron Martin, I would like to thank all of the class members who have supported Ron Martin in his efforts. It has been a long and difficult road to this day. The Class Members and the parishioners of the Antigonish Diocese will now be able to move forward so that survivors can receive compensation and, more importantly, accountability. It is also my hope that for some survivors this process will provide some measure of reconciliation with the Catholic Church.

Continue reading "ANTIGONISH CLASS ACTION TO MOVE FORWARD!" »

Justice David MacAdam has released his written reasons certifying Ron Martin's class action against the Roman Catholic Diocese of Antigonish and approving the settlement agreement to compensate victims of priest sexual abuse.

His Lordship Justice MacAdam reviewed in detail the requirements for certification and settlement approval. At paragraph 63 of his decision Justice MacAdam concluded:

I am satisfied on the basis of the submissions and evidence that the action meets the criteria for certification pursuant to ss. 6 and 7 of the Class Proceedings Act.

I am satisfied that the Settlement Agreement constitutes a fair and reasonable settlement that is in the best interests of the Class as a whole and that it provides significant benefits to class members and meets the “range of reasonableness” test. As such, the action is conditionally certified as a class proceeding and the Settlement Agreement is approved.

Anyone trying to decide whether to participate in the class action should read Justice MacAdam's decision. It is not just Ron Martin and I that thinks the Antigonish class action settlement is fair and reasonable.

This class action has always been about doing what is right for survivors of sexual abuse. Now that Justice MacAdam has approved the class action settlement, survivors have a choice.

One of the greatest honors I have ever had was representing Nora Bernard, and the survivors of the Shubenacadie Indian Residential School, in the negotiations that lead to the creation of the Indian Residential School National Class Action Settlement.

Former Supreme Court Justice Frank Iacobucci was the lead negotiator for Canada.

Slaw.ca has reported on a keynote speech given by Justice Iacobucci at the Federation of Asian Canadian Lawyers Fall Conference.

The article goes into great depth about what motivated Iacobucci during the negotiations. I have included a link to the article so that you can read it in its entirety.