Now, TV3 has produced a documentary called “Abuse of Trust: Sins of the Fathers” which documents some of the horror stories of sexual abuse by priests who were part of the Roman Catholic Archdiocese of Dublin.

The documentary uncovers a pattern that has been repeated time and time again in countries around the world. Roman Catholic Priests sexually abusing children and persons of authority within the church covering up the allegations and moving sexually predatory priests from parish to parish.

I represent Ron Martin who has filed a proposed class action against the Roman Catholic Diocese of Antigonish on behalf of victims who were sexually abused by priests who were employed by the Diocese of Antigonish. If you or a family member were victimized by a priest who was part of the Roman Catholic Diocese of Antigonish you can contact me through this blog, or by calling toll free 1-877-423-2050, for more information.

Abuse Endemic
The inquiry commission uncovered:

...a substantial level of sexual abuse of boys in care that extended over a range from improper touching and fondling to rape with violence.

Corporal punishment in girls’ schools was:

pervasive, severe, arbitrary and unpredictable.

Church Knew About Dangers

The Commission determind that:

The recidivist nature of sexual abuse was known to religious authorities.

Church Concerned About Reputation, Not Risk to Children

Time and time again we have seen how the Catholic Church values it's reputation more that the lives of the children under it's care. The same pattern repeated itself in Ireland:

The risk was seen by the congregations in terms of potential for scandal and bad publicity should the abuse be disclosed. The danger to children was not taken into account.

If you have been a victim of sexual abuse by a priest, or any person in authority, please, please please tell someone. Silence only protects the abusers and the institutions that harbour them.

I have represented hundreds of victims of childhood sexual abuse in claims for compensation. As a public service I have prepared a resource guide for survivors of sexual abuse in Atlantic Canada. The guide contains a list of support groups throughout the Maritimes for survivors of sexual abuse.

You can receive a free copy of The Survivor's Guide to Abuse Compensation Claims by contacting me through this blog, or my website at www.apmlawyers.com or by calling toll free in Atlantic Canada 1-877-423-2050.

Sylvestre, one of Canada’s most notorious pedophiles was convicted of sexually assaulting Sootiens.

CBC's Fifth Estate aired a documentary about Sylvestre called "The Good Father". As you will see from watching the documentary it is apparent that persons of authority within the Catholic Church knew about Sylvestre’s sexual abuse but did nothing to protect his victims.

I have posted about Sylvestre's predatory abuse in the past. See also, Sex Abuse help Fund Doubled.

The effects of childhood sexual abuse can be devasting. Although the scars my not be visible, the damage caused to the victims can be totally disabling. Because of the psychological effects of their abuse, many victims are not able to bring forward their claims on their own behalf.

My client Ron Martin has filed a class action against the Roman Catholic Diocese of Antigonish on behalf of persons that suffered sexual abuse by priests that who were members of the Roman Catholic Diocese of Antigonish.

If you or a family member were a victim of sexual abuse by a priest from the Roman Catholic Diocese of Antigonish you can contact me, or take a look at my website for more information about the class action.

Robert Lawrence Borden and Leonard Anthony Smith were both former residents of the Nova Scotia Home for Colored Children.

Borden and Smith have filed a proposed class action on behalf of all former residents of the school seeking compensation for assault and negligence as a result of sexual abuse they allege happened while they were residents were living in the Home for Colored Children.

With respect to Borden’s claim, Justice Goodfellow determined that the "undisputed" facts were that Borden knew what had happened to him was wrong and had provided full disclosure to friends (and strangers) about what had happened to him at the home many years before he filed his lawsuit.

Similarly, Justice Goodfellow determined that the undisputed facts were that Smith was also aware that what had happened to him in the home was wrong and that there was a causal connection with his experiences in the home and the harm that he had suffered. He had clear memories of the abuse which he disclosed to his wife and to an author who was writing a book about the Home. He also disclosed his experiences to a potential employer when applying for jobs as a youth counselor.

Justice Goodfellow determined that the claims for assault and negligence were statute barred under Nova Scotia's Limitation of Actions Act.

However, Justice Goodfellow confirmed that, in accordance with the Nova Scotia Court of Appeal’s decision in Milbury v. Nova Scotia (Attorney General) (another claim arising from the Home for Colored Children) there is no limitation period (at least in Nova Scotia) for a claim for breach of fiduciary duty.

Therefore, all of the claimants’ claims based on assault and negligence were struck as being statute barred. However, the claimants’ claims based on breach of fiduciary duty were allowed to proceed.

Childhood sexual abuse can cause lasting and disabling psychological injuries. However, these decisions point out the difficulty that survivors of childhood abuse may have when seeking access to justice through the courts. The decisions confirm that survivors of childhood sexual abuse should consult with legal counsel as soon as possible when they become aware of the connection between their childhood abuse and the disabling effects of the abuse later in life.

A group of Survivors from Canada’s Indian Residential Schools had a private audience with Pope Benedict. The delegation was led by assembly of First Nations Chief Phil Fontaine. The group also includes one of the survivors of the Shubenacadie Indian Residential School, Membertou Chief Terry Paul.

Pope Apologizes to Abuse Survivors

The Survivors received a personal apology from the Pope on behalf of the Roman Catholic Church for its "deplorable" role in Canada’s Indian Residential School system.

Late update: It appears that media reports of the Pope's apology (like Mark Twain's death) have been greatly exaggerated. Reports now indicate that the Pope did not apologize or acknowlege the Catholic Churches role in the abuse suffered by children in the residential schools. rather he expressed "sorrow" for the suffering of the children.

Students Suffered Physical and Sexual Abuse

There were about 130 Indian Residential Schools across Canada and 75% of the schools were run by the Catholic Church. Students at the schools were taken from their families and placed in the schools where many of them suffered horrible physical abuse, sexual abuse and loss of their language and culture.

Previous Apologies

Until today, the Catholic Church had never apologized for the horrible abuse at Church run schools. Other religious organizations that ran schools have long since issued apologies, including the Anglican Church in 1993, the Presbyterian Church in 1994 and the United Church of Canada in 1998. Prime Minister Stephen Harper also offered an apology on behalf of the Government of Canada in June of last year.

Nora Bernard Filed First Class Action

The greatest honour I have ever had as a lawyer was representing Nora Bernard and the other Survivors of the Shubenacadie Indian Residential School in their fight for compensation for what happened to them as a result of the Residential School system.

Nora filed the first class action against the Government of Canada and the Catholic Church seeking compensation for loss of language and culture for Residential School Survivors. Nora’s claim played an important role in the five billion dollar Indian Residential School Class Action Settlement, the largest historical redress settlement in the world.

I am sure Nora was watching today. I think I can sum up what her reaction would be in three words: "It's about time!"

Wela'lieg

Update:

I have been reading further media reports of this mornings meeting. Apparently earlier reports that the Pope apologized are incorrect. Instead the Pope expressed "sorrow" for the "deplorable" treatment of aboriginal children in catholic run residential schools.

But the Pope did not go so far as to apologize or admit that the Catholic Church had any responsibility for the physical and sexual abuse suffered by children in the schools.

The Canadian government and every single religious organization that ran the residential schools (except the catholic Church) have acknowledged their personal responsibility and apologized for the horrible abuse that took place in the Residential schools.

How can the Catholic Church ever hope to receive forgiveness from residential school survivors if it won't take responsibility for it's actions?

What do you think?

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Case Management Judge Assigned

Justice John Murphy has been assigned to case manage the class action lawsuit. Justice Murphy will be in charge of ensuring that the class action moves forward in an orderly fashion.

Court Date Set

The Certification hearing for the Antigonish Diocese Class Action has been scheduled to take place in Halifax, August 4, 5 and 6, 2009.

The certification hearing is basically a "mini-trial" where the court determines whether there is sufficient evidence to allow Ron Martin and the other people who alleged that they were sexually abused by priests from the Antigonish Diocese to proceed with their claim as a group . If the certification motion fails, then each sexual abuse survivor will be forced to file individual lawsuits if they want to make a claim for compensation.

Who Can Join the Class Action?

If you were a victim of sexual abuse by a priest that was a member of the Roman Catholic Diocese of Antigonish, you are entitled to participate in the class action. We have prepared an information package about the class action lawsuit that we will provide, free of charge. If you would like to receive a copy of the information package, please contact my office by calling toll free 1 (877) 423 2050 or by contacting me through this blog.

More Information

For more background information about the class action lawsuit you can read some of the Media Reports about the Antigonish Diocese Sexual Abuse Class Action.

Antigonish Diocese Priest Sexual Abuse Class Action

Abuse Alters Gene Function

Researchers at Montreal’s McGill University have published a study which suggests that childhood abuse can have, not only long term psychological effects, but can physically alter the way abuse victim’s genes function.

The study, published in the journal Nature Neuroscience found that childhood abuse alters hypothalamic-pituitary-adrenal (HPA) function, increasing the risk of suicide in survivors of childhood abuse.

Researchers compared the brains of suicide victims who had a history of childhood abuse with those who died from suicide (but no history of childhood abuse) and persons who died from natural death.

Abuse Inhibits Production of Anti-Stress Hormones

The study found that the abuse victims underlying DNA was not changed. However, the HPA genes effect was decreased, causing the brain to produce fewer calming hormones which made it more difficult for abuse victims to deal with subsequent stressful events.

Sexual abuse lawyers, and persons who work with survivors of childhood abuse have known for decades that child abuse is one of the highest risk factors for different types of psychiatric disorders.

However, this research appears to be one of the first indicators that childhood abuse can actually cause physical changes to the body which can have an impact on the survivor’s life which spans decades.

It is still early, but perhaps this research may lead to a cure for some of the lasting effects of childhood abuse.

Watch an interview with Patrick McGowan, head of McGill's research team.

Priest Convicted of Abusing Alter Boys

Hickey was criminally charged ten years ago with sexually abusing the boys while he was a parish priest on the Burin Peninsula. He was convicted and spent five years in prison.

Church Fights Victims for 10 Years

Despite Hickey’s criminal conviction the Roman Catholic Church has fought the victim’s claims for compensation tooth and nail for almost 10 years.

Destroyed Faith in God

Gregory Stack, who represented the abuse survivors, told CBC News that the sexual abuse didn’t just destroy the victims physically or psychologically, the sexual abuse destroyed their faith in God.

“The boys…generally came from the more devout catholic homes. The more devout, the more religious parents that pushed their children to become altar boys, and these were the boys who were victimized by the parish priest.

It is the whole coupling of that- the sense that god has abused them. And that’s what they believed in those small communities. By in large, the parish priest was a god-like figure”

This is just another sad example of how the Catholic Church is prepared to fight to it's last penny rather than acknowledge it's responsibility to the victims of sexual abuse by Catholic priests.

Supreme Court Rules Church Responsible for Sexual Abuse

Six years ago the Supreme Court of Canada ruled that the Roman Catholic Church is responsible (vicariously liable) for sexual abuse by it's Priests. In Doe v. Bennett (another priest abuse case from Newfoundland) the court ruled that the Roman Catholic Church was responsible for the sexual abuse perpetrated by it's priests because of the power and authority over parishioners that the Church gave to it's priests.

The Supreme Court of Canada stated 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”

The Catholic Church’s refusal to acknowledge its responsibility to Hickey’s victims simply perpetuates the view that the Catholic Church cares more about its reputation than it does about protecting vulnerable and innocent children from sexual abuse.

Related Posts:

Do Myths About Child Abuse Explain The Church Sex Abuse Scandals?