Posted On: March 25, 2011

Residential School Survivors to Receive Largest Abuse Settlement in U.S. History

A Jesuit Order that established and ran Residential schools for mostly aboriginal children in the North West United States and Alaska has agreed to one of the largest abuse compensation settlements in United States history.

The $166 million settlement also requires the Society of Jesus, to offer written apologies to up to 500 abuse survivors. The Society is also required to turn over records of approximately 140 priests, nuns, brothers and lay workers accused of abuse from the 1950s through the 1980s.

Largest Catholic Abuse Settlement
The settlement is reportedly the largest abuse compansation settlement by a Catholic order since the world-wide priest abuse crisis began.

The proposed settlement is in addition to previous payments of $50 million in 2007 and $4.8 million in 2008 to other victims of sexual ause in the Jesuit run schools. The Order filed for bankruptcy protection in February 2009 in the face of hundreds of sexual abuse lawsuits.

Hopefully the settlement will provide accountability and some closure to hundreds of children who were abused in the schools.

Largest Abuse Settlement in the World

While the numbers of victims and the amounts of money involved are staggering, they pale in comparison to Canada's national class action settlement for Indian residential school survivors.

The $5 Billion settlement is still the largest historical redress settlement in the world.

Nora Bernard's Courage
I was honoured to have represented Nora Bernard who played a key role in bringing justice to up to 70,000 former residential school students. You can read more about Nora here.

Today's news about the American Residential School settlement reminded me of the first article I posted when I started writing this blog almost four years ago.

Indian Residential Schools: A Brief History of the Largest Abuse Claim Settlement Ever

Posted On: March 24, 2011

The Catholic Church Still Doesn’t Get It

This is the title of a blog post by blogger Adrian Liston. It was referred to me by a reader, Veronica.

I want to thank Veronica for bringing the article to my attention. I thought the post was worth passing on to a wider audience.

The Catholic Church still doesn’t get it...

Posted On: March 24, 2011

Cesar Lalo Abuse Victim Files Appeal

Last year a man that was sexually abused by notorious sexual abuser, Cesar Lalo was awarded $375,000.00 in compensation for sexual abuse committed by Lalo when the man was just 13 years old. See Lalo Sexual Abuse Victim Awarded $375,000.00

Nova Scotia Supreme Court Justice Heather Robertsion ordered that the province of Nova Scotia pay the man because the abuse happened when lalo was employed as a probation officer. Lalo used his power over the boy to commit his sexual assaults.

Lalo was declared a long-term offender as a result of his multiple sexual abuse convictions, and his failure to accept responsibility or show remorse for his actions.

Now CBC news has reported that the abuse survivor, who can only be identified as L.M.M. has filed an appeal of his compensation award, claiming it is too low. The province of Nova Scotia, not surprisingly, has filed an appeal claiming the award was too high.

Robertson J. awarded the victim $125,0000.00 for non-pecuniary damages for "pain and suffering" and $250,000.00 for past and future income loss.

I have been representing victims of childhood sexual abuse for 20 years. there is one thing that I am very clear about before I agree to represent any abuse victim. No amount of money is enough to compensate someone for being sexually abused. no amount of money will erase what happened or make them forget their abuse. Financial compensation is simply the only means that the courts have to provide some measure of justice.

That being said, it will be interesting to see what the Nova Scotia Court of Appeal does with this appeal. The median damage award for non-pecuniary damages for sexual abuse across Canada is roughly $125,000.00. Which is just what L.M.M. was awarded. Income losses are fact specific to each case and depend almost entirely on the assumptions made by the economic experts put forward by the parties.

The issue of the province's vicarious liability wasn't really at issue in this case. So I look forward to seeing what error of law the parties will point to for the basis of their respective appeals.

Posted On: March 16, 2011

More Criminal Charges Against Former Yarmouth Priest Albert LeBlanc

RCMP have laid 10 more charges of criminal sexual abuse against former Roman Catholic priest Albert LeBlanc.

LeBlanc is now facing charges in more than 50 sexual related offences, 18 counts of indecent assault and 32 counts of gross indecency.

RCMP stated that the charges relate to alleged offences commited from 1967 to 1985 when LeBlanc was living in Yarmouth county.

LeBlanc was ordained as a priest in Bouctouche N.B. in 1955. He was pastor of Notre Dame parish in Yarmouth for many years. He left the priesthood in September 1973 to become a case worker for Family and Children Services. Later he moved on to become a probation office (like Nova Scotia's most notorious sex offender Cesar Lalo).

Four former Catholic priests from the Yarmouth diocese have now been charged or accused of sexual abuse of children: Raoul Deveau, Albert LeBlanc, Adolphe LeBlanc, and "Eddie" Theriault.

I understand that the RCMP are investigating even more charges against LeBlanc. As is frequently the case, once victims realize they are not the only persons that have suffered at the hands of sexual abusers more survivors have the courage to come forward.

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