Posted On: August 31, 2011

Disclosure of Names of Pedophile Priests – A Good First Step

The Archdiocese of Boston recently decided to post the names of 159 priests who have been accused of sexual abuse. The Archdiocese also noted they have received allegations against 91 other priests. However, the names of the priests involved have not been made public. There is no indication if this is because the allegations have not been validated by the Church.

Change in Policy

The disclosure represents a rather radical shift in the traditional approach taken by the Catholic Church towards allegations of sexual abuse.

In the past, when a Diocese has validated claims of sexual abuse and compensated victims the church has often insisted on confidentiality or non-disclosure clauses as a condition of settlement.

Cardinal Sean O’Malley says the new approach is an attempt to help the church reach out to victims of abuse and their families. In a letter accompanying the announcement O’Malley stated:

“It is my deepest hope and prayer is that the efforts I am announcing today will provide some additional comfort and healing for those who have suffered from sexual abuse by clergy and will continue to strengthen our efforts to protect God’s children…”

What Will Canadian Bishops Do?

The disclosure is a good first step to ensuring transparency over the issue of childhood abuse by priests. I support the initiative and would call on the Canadian Conference of Catholic Bishops to instruct Diocese in Canada to adopt similar policies in Diocese's across Canada.

What Do You Think?

Should the names of priests accused of sexual abuse be made public? What if there is no criminal conviction but the claim has been validated by the Church? What if the priest is dead?

Let me know what you think.

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Posted On: August 30, 2011

Date Set for Albert LeBlanc Sex Abuse Trial

Former Yarmouth priest Albert LeBlanc is facing 50 criminal sexual abuse charges involving allegations of indecent assault and gross indecency.

LeBlanc was scheduled to appear in court yesterday to schedule a date for his trial. LeBlanc did not atend court. Instead Yarmouth criminal defence lawyer Phil Star appeared for LeBlanc to set dates.

The trial has been scheduled to starty May 14, 2012 in provincial court.

The charges span more than 20 years, involving offences that are alleged to have taken place between 1964 and 1985.

Different Employers

Some of the charges relate to the time period that LeBlanc was employed as a priest in the Yarmouth Diocese. After he left the priesthood, LeBlanc worked as a caseworker for Family and Children’s Services in Yarmouth, and then started work as a probation officer in 1975.

Potential Civil Liability?

I have posted an article about the legal issues involved in the LeBlanc case on my Atlantic Canada Personal Injury Lawyer blog. Please take a look and let me know what you think.

Continue reading " Date Set for Albert LeBlanc Sex Abuse Trial " »

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Posted On: August 26, 2011

Disabled Homes Abuse Class Action Certified - McKillop v. The Queen in Right of Ontario

I was pleased to see that a class action lawsuit filed by former residents of two institutions for developmentally disabled people has been certified by Justice Horkins of the Ontario Superior Court of Justice.

The class action was filed on behalf of David McKillop by his litigation guardian Christine Victoria Grace Clarke. The class action against the province of Ontarion involves two schools, Rideau Regional Center in Smith Falls, Ontario and South Western Regional Center in Chatham, Ontario.

Former residents of the institutions claim that they were physically and mentally abused after being placed in the institutions.

The class actions were filed by my colleagues at Kirk Baert and Celeste Poltak at Koskie Minsky. I had the pleasure of working with Kirk and Celeste during the certification hearings for the National Indian Residential Schools class action, Baxter v. The Queen.

You can read a copy of the certification order.

Versatility

This decision proves, once again, what versatile tool class action legislation can be. The proposed class members in these claims, mentally disabled persons who were placed in the care of the government, are among the most vulnerable of potential victims.

Goals

Courts in Canada have enumerated three key goals of class action legislation. One of the goals is "access to justice".

There is no way that the individual class members would ever have been able to successfully enforce their legal rights on an individual basis. The proposed claims are the best way fexample in the way which class actions provide access to justice for Canadians.

I’ll be watching the litigation with interest.

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Posted On: August 25, 2011

Vatican Denies Responsibility for Sexually Abusive Priests

Readers may be interested in my recent post to my Atlantic Canada Personal Injury Lawyer blog.

Vatican Denies Responsibility for Sexually Abusive Priests examines some recent American litigation against the Vatican and compares it to the situation here in Canada.

The post has been getting some interesting comments. Feel free to comment and share your thoughts.

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