Sexual Abuse Claims Blog

A new class action has been filed in Quebec alleging sexual abuse by priests.

The class action names the Community of the Clerics of St. Viateur in Montreal and the Raymond-Dewar Institute (also known as the Institute for the Deaf and Dumb) as defendants.

The representative plaintiff, Serge D’arcy says he was a victim of sexual abuse by priests while attending the institute between 1967 and 1972. D'arcy states that he was subjected to physical and sexual abuse by priests who were members of the religious group who taught and worked at the Dewar Institute.

I applaud Mr. D'arcy's courage in coming forward on behalf of himself and other victims.

I am pleased to see that class action legislation is being used as a tool to help more victims of childhood abuse. I had the pleasure of being invited to present on this issue at The Canadian Institute's 9th Annual summit on Institutional Liability for Sexual Assault & Abuse.

Ron Martin's sexual abuse class action against the Roman Catholic Diocese of Antigonish was a groundbreaking claim. The landmark settlement achieved in that class action will provide accountability, closure, and fair compensation to victims who would never be able to speak publicly about what happened to them.

Snail's Pace

The Guardian has reported that the criminal investigation into sexual abuse allegations against PEI priest Rev. George Smith is moving slowly.

Tedious

According to RCMP Sgt. Boyd Merrill: “It’s a slow, tedious process,’’. The officer indicated the investigation could take several months to complete.

RCMP in Deer Lake, N.L., received a criminal complaint that Rev. George Smith sexually abused him when Smith was a priest in Deer Lake NL between 1986 and 1991.

Bishop Vague

PEI Bishop Grecco was vague about Smith's status with the Diocese, saying only that Smith was not in PEI and was “not exercising any priestly ministry’’.

Is the Church Investigating?

There is no indication if the Diocese is conducting it's own investigation of Smith as required under the Roman Catholic's Code of Canon Law and as recommended in From Pain to Hope, the Canadian Conference of Catholic Bishops report on child sexual abuse.

Has Smith Been Sent for Treatment?

There is no indication why Smith is no longer in the province. Has he been sent to Southdown Institute? Southdown is a residential care facility run by the catholic church to provide psychological treatment and counselling to clergy who have experienced problems including: "Ministerial boundary violations". A euphemism for sexually abusing parishioners.

More Transparency

I would think that catholic parishioners in PEI, and the public in general, would have more confidence in the Church's actions if they were assured that the church was doing what it can to investigate and respond to the allegations against Smith.

What do you think?

Wants to See Justice

Bishop Richard Gagnon, the Bishop of the Roman Catholic Diocese of Victoria British Columbia said he wants to “see that justice gets done” after British Columbia priest, Father Philip Jacobs was charged with sexual assault.

Jacobs served as a priest for St. Joseph the Worker in Saanich, British Columbia from 1998 to 2002.

Diocese Knew Priest Relieved of Duties

The B.C. Diocese was aware that Jacobs had been relieved of his duties at a church in Columbus, Ohio, after admitting to inappropriately touching a teenage boy. Despite that, the Diocese allowed Jacobs to serve in Saanich and did not provide any warning to parish members about Jacob's unsavory past.

Did the Church Fail the Victims?

Gagnon was quoted as saying:

“...did the church-at-large fail these victims? I believe we could have done more (to prevent this from happening).”

Police Receiving More Information

After the criminal charges were laid RCMP began receiving a "stream of tips" from people with information about Jacobs.

Pope Begs Forgiveness - But Doesn't Apologize

I posted earlier today that the Pope has begged for forgiveness from survivors of priest sexual abuse. Unfortunately, the statement did not contain an apology or any acknowlegement that the Vatican or the Catholic Church were to blame for the tidal wave of priest abuse claims that have crossed the Atlantic from North America and swept across the U.K. and Europe.

Blame Everyone - Admit Nothing

The Pope has been quick to cast blame for the priest abuse crisis. See for example:

Can the Pope Learn a Lesson From Spiderman? Vatican Claims Bishops Not Employees of Church :

In fact officials in the Catholic Church have pointed the finger pretty much everywhere else including the media, gay priests, and pornography.

Has The Pope Run Out of Scapegoats? Not Yet!

The Pope's fingerpointing would be almost laughable, if the problem of child sexual abuse by priests wasn't so serious.

But today The Los Angeles Times reported that in the same speech where he begged forgiveness from victims, the Pope blamed the priest abuse crisis on...get this...The Devil!

Come on! Really?

Pope "Begs" for Forgiveness

At a mass with some 15,000 priests marking the end of the Roman Catholic Church's Year for Priests, the Pope asked for forgiveness from victims of priest sexual abuse:

"We ... insistently beg forgiveness from God and from the persons involved, while promising to do everything possible to ensure that such abuse will never occur again,"

I have already suggested that the Pope could learn a lesson or two about responsibility by reading some of the comic books I read while I was a kid.

Can the Pope Learn a Lesson From Spiderman? Vatican Claims Bishops Not Employees of Church

Preventing Paedophile priests From Joining the Priesthood

The Pope's focus appears to be on preventing sexual abusers from joining the priesthood in the first place:

"In admitting men to priestly ministry and in their formation we will do everything we can to weigh the authenticity of their vocation and make every effort to accompany priests along their journey,"

What About The Rest?

There is no mention of what, if any, responsibility the Pope and the Vatican intend to take for the hundreds of priests around the world who have been accused or convicted of sexual abuse.

What Do You Think?

Does the Vatican, the Pope or Roman Catholic Church as an institution bear some responsibility to the victims of priest sexual abuse around the world?

What should the Vatican do to help victims of priest abuse?

Post your comments and let me know.

Vatican Not Responsible for Bishops Actions

The Vatican is defending a lawsuit that claims Bishops in the United States covered up allegations of sexual abuse. That's not news. The Pope and the Roman Catholic Church have never acknowledged the responsibility the Church as an institution has to survivors of priest sexual abuse. The Catholic Church tends to fight lawsuits filed by priest abuse victims vigorously, even if the priests involved have been criminally convicted.

Blame Everyone Else

In fact officials in the Catholic Church have pointed the finger pretty much everywhere else including the media, gay priests, and pornography.

Further Hypocrisy

However recently the Vatican has reached new heights of hypocrisy by denying that Catholic Bishops are employees or officials of the Church. The Vatican has asked a court in Kentucky to throw out a lawsuit that claims the Holy See should pay compensation to victims of pedophile priests. The victims’ lawsuit says bishops in the United States were part of a Vatican cover-up of abuse.

Jeffrey Lena, the Vatican's US attorney denies that the Pope has control over Bishops, saying:

"The pope is not a five-star general ordering his troops around,"

Law Different in Canada?

The liability of the Vatican has never been determined by the courts in Canada. However, based on existing case law, including the Supreme Court of Canada, I think it is likely that if the matter came before the courts in this country, the Pope would be found to be vicariously liable for the actions of Catholic Bishops.

Pope Has Complete Authority Over Bishops

Under The Code of Canon Law, which lays out all of the rules and laws of the Catholic Church, Bishops are appointed by the Pope.

The Pope is the sole authority over Bishops and the only person that has the power assign Bishops to a Diocese, to remove a Bishop from a Diocese, to discipline a Bishop for misconduct. A Bishop cannot even resign without permission from the Pope.

Canon Law establishes the Pope as the supreme leader of the Catholic Church, whose it is to prescribe what is to be believed by all the faithful, and to take whatever measures and make whatever orders he deems necessary for the preservation and the propagation of the Catholic faith.

Vicarious Liability of Catholic Church

In the Supreme Court of Canada's decision in Doe v. Bennett the court held the Catholic Diocese of St. George's vicariously liable for sexual abuse by one of it's priests.

The Supreme Court of Canada found that:

“The relationship between the bishop and the priest in the Diocese is not only spiritual but temporal. First, the Bishop provided Bennett with the opportunity to abuse his power.

Second, Bennett’s wrongful acts were strongly related to the psychological intimacy inherent in his role as priest.

Third, the Bishop conferred an enormous degree of power on Bennett relative to his victims”

One would think that the same reasoning would apply to holding the Pope responsible for the acts of Bishops because the Pope grants Bishops "an enormous degree of power" over every priest and parish member within a Diocese.

A Lesson From Spiderman

Perhaps Pope Benedict doesn't read Spiderman comics. Maybe he should. In the first Spiderman story published in Amazing Fantasy #15 (August 1962) Peter Parker learns:

" With great power there must also come - Great responsibility! "

The Pope has an enormous degree of power over every Bishop, priest and catholic parishioner in the world. Perhaps it is time he accepts the responsibility that comes with that power.

What do you think?

Continue reading "Can the Pope Learn a Lesson From Spiderman? Vatican Claims Bishops Not Employees of Church " »

New Brunswick Priests Convicted of Sexual Abuse

Two former priests employed by the Roman Catholic Diocese of Bathurst, Levi Noel and Charles Picot have been convicted of sexually assaulting children in their parishes during several decades spanning the 1950's through to the early 1980's.

We have been asked to help a number of survivors who have advised us they were sexually abused by Levi Noel and Charles Picot.

Fear and Trauma Prevents Disclosure

Children who have been sexually abused often do not tell their parents or family members until years after the abuse occurred (if ever). Sexual predators rely on their victims fear and shame to protect them from exposure.

Silence Protects the Abusers

Most pedophiles are repeat offenders. Failing to notify the authorities about sexual abuse allows sexual predators to continue to subject other children to sexual abuse.

In some cases survivors gather the courage to tell someone in authority about the sexual abuse. Unfortunately, as recent media attention around the world has shown, institutions like the Catholic Church have failed to take appropriate action to protect vulnerable children who are the victims of sexual abuse.

Invisible Scars

Childhood abuse can cause long term psychological, emotional and physical damage and can cause long terms problems including difficulty in relationships, substance abuse and loss of education and income earning potential.

You Are Not Alone

By working together, survivors of childhood sexual abuse are better able to achieve accountability, compensation, closure and, in some cases, reconciliation.

Survivor’s Guide

I receive many calls from survivors of childhood sexual abuse asking about their legal rights. So I decided to write The Survivor's Guide to Abuse Compensation Claims to answer many of the common questions survivors have. For example:

• Do I have to talk to the police to make a claim?
• What happens in a criminal prosecution?
• How do compensation claims work?
• What the burden of proof is in a compensation claim?
• Why is the burden of proof different in criminal matters?
• How do I prove my claim?
• And much more.

Diocese of Bathurst, Levi Noel and Charles Picot

What does all this have to do with the Diocese of Bathurst and the victims of Levi Noel and Charles Picot?

On Sunday the Diocese announce that it has hired a lawyer, a former Justice of the Supreme Court of Canada, the Honourable Michel Bastarache, to create an out of court settlement process for victims of sexual abuse in the Diocese.

Recent media reports state that Mr. Bastarache is trying to track down abuse victims: " to explain the process and give each victim a claim form."

I do see something positive in the announcement. Mr. Bastarche has said:

"It's a way for the Bishop here to acknowledge their responsibility. They're not going to fight and say they're not responsible."

Acknowledging that the Diocese is responsible and is not going to fight the survivors is a positive sign.

What concerns me is that the Diocese has apparently already created the process!

Didn't the Diocese of Bathurst consider that survivors might want to be consulted before the process was created?!

In Nova Scotia Ron Martin actively participated in our negotiations with the Diocese of Antigonish that lead to a landmark class action settlement and settlement process.

How sincere is the Diocese of Bathurst to address the needs of survivors when survivors were not even approached before the process was created? We can only hope that this doesn't turn into another case of the Church deciding what is right and telling victims how things are going to be done.

Information About Survivor's Rights

If you have suffered trauma as a result of childhood sexual abuse by Levi Noel or Charles Picot or any other priest employed by the Roman Catholic Diocese of Bathurst, and are looking for information about your legal options, including compensation claims, you can contact me for a free copy of The Survivor’s Guide to Abuse Claims.

Call If You Need Help

If you would like to talk to me directly you can call toll-free for a confidential consultation 1-877-423-2050.

Two weeks ago I had the pleasure of being invited to present at the Canadian Institute's 9th Annual summit on Institutional Liability for Sexual Assault & Abuse.

The two day conference brought together plaintiff and defence counsel from across the country to discuss emerging issues in the law pertaining to liability for child abuse.

This is the third time I have been invited to speak by the Canadian Institute. I was asked to make two presentations. I presented on the use of class actions as a tool for the resolution of institutional sexual abuse claims.

My presentation: "Safe to Say You're Sorry (The Psychology of Apology)" was a review of a trend across Canada where provinces have introduced legislation preventing apologies from being used against defendants in court, as well as a discussion on the effective use of apologies in litigation.

I have been advised that part of my Apology presentation has been posted on the Canadian Institute's website. You can watch the presentation by clicking on the link.

Millions of Canadians know someone who has been sexually abused by a priest according to an Ipsos Reid survey released today.

2 Million Canadians Know Abuse Victims

According to study conducted for Canwest News Service, at least 2 million Canadians claim to know someone who has been sexually abused by a Catholic priest. This is an extraordinary, and disturbing, finding. Sexual abuse is a crime of secrecy. Many survivors, perhaps the majority, never tell anyone about the abuse they have suffered. If there are 2 million Canadians who claim to personally know a survivor of priest sexual abuse, then one has to be concerned that the actual number of victims is much higher.

Some of the other findings of the survey:

6 % of Canadians (8 % of Roman Catholics), personally know of a Catholic priest in their parish or neighbourhood who has been criminally charged with sexual assault;

58 % (54 % of Catholics) believe Pope Benedict has "perpetuated a climate of silence and cover up around pedophile priests."

On the other hand, only 29 % (37 % of Catholics), feel the Pope is being treated unfairly;

69 % (80 % of Catholics), believe the proportion of pedophile priests among the Catholic clergy is minor, and that only a small number are harming the Church's reputation;

64 % (55 % of Catholics), are not satisfied with the Church's efforts to root out predatory pedophiles among its priests;

55 % (57 % of Catholics), said they are satisfied with the way police and the justice system are investigating allegations of abuse against Catholic clergy.

Cover Up?

I think this survey points out a serious problem facing the Catholic church. It is apparent in many of the reported decisions of priest abuse across Canada (and in other parts of the world) that persons in authority in the Catholic church covered up allegations of priest sexual abuse, rather than report them to the appropriate authorities.

Even if this secrecy was not part of an orchestrated cover up by the world wide Catholic church and the Vatican (I will leave it to you to decide that issue), the fact remains that the majority of Canadians(and Catholics) believe this to be the case!

Lack of Trust

The success of any religion depends on the trust, and faith, that it's members have in the institution. If the majority of Catholics do not trust the Pope Benedict, what does that mean for the future of the institution? Will loss of trust mean loss of faith?

What do you think?

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.