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?

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.

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.

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.

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!

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 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.

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.

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?

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.

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.

A Promise

Ron Martin had been sexually abused by the same priest but neither brother was aware of what the other had suffered. On the day that Ron Martin had to identify his brother’s body, he made a promise that there would be accountability for the abuse they had suffered.

A Difficult Journey

David Martin’s death was the start of an arduous journey for Ron Martin. After learning there were many other victims, all suffering as he and his brother did, all needing justice and accountability from the Church, Ron decided to file a class action against the Roman Catholic Diocese of Antigonish and Bishop Raymond Lahey.

Historic Settlement

After months of emotionally draining negotiations, Ron Martin and the Diocese reached an historic agreement to compensate anyone who had been sexually abused by priests of the Diocese between 1950 and 2009.

Dignified Process

The class action settlement creates a dignified, confidential and fair process that:

• Required the Roman Catholic Diocese of Antigonish to publicly acknowledge its responsibility to victims of sexual abuse and apologize for its role in failing to protect children from sexually abusive priests;

• Creates a fund of up to 15 million dollars to provide survivors with compensation without having to be re-victimized by the rigours of a public trial;

• Creates a streamlined, faster process to determine compensation;

• Requires the Diocese to give up legal defences that have been used to defeat victim’s claims in the past.

Court Approves the Settlement

The settlement was approved by the Honourable Justice David MacAdam of the Nova Scotia Supreme Court. His Lordship found that the settlement was fair, reasonable and in the best interest of class members. The Supreme Court has an ongoing responsibility to supervise the settlement to ensure survivors are treated fairly.

Confidentiality Key for Survivors

Confidentiality is a cornerstone of the agreement – not for the benefit of the Church which has publicly admitted its wrong doing, but for the benefit of the victims.

Many class members have never told their family or friends that they were sexually abused. They do not want this information becoming public. The confidentiality of the process means that victims do not have to fear the threat of public disclosure.

Furthermore, the confidentiality of the settlement does not bind class members. So survivors are free to talk publicly about their claims if they wish.

Choice is Important

Choice is also an important part of the settlement. The class action settlement provides sexual abuse survivors with a choice that they did not have before.

There may be survivors who chose the adversarial approach of litigation. If a survivor wants to file an individual lawsuit, they must file an “opt out” form with the Diocese by December 4, 2009.

Canada’s civil justice system may be one of the best in the world, but litigation is still time consuming, expensive and emotionally draining.

Public Trials can Re-Victimize Survivors

Public trials require victims of sexual abuse to relive their most painful and traumatic memories in the public eye. Simply put, traditional litigation is a battle that many victims of sexual abuse are not emotionally or psychologically capable of surviving.

Church Usually Fights Survivors

The Catholic Church is well aware of the challenges survivors of sexual abuse face in litigation. The traditional approach by the church has been to fight survivor’s claims vigorously. In Newfoundland, despite the findings of the Mount Cashel inquiry, the Diocese of St. John’s has been fighting lawsuits filed by victims of convicted sex abuser Father Jim Hickey for the past 11 years.

Declare Bankruptcy rather than Compensate Survivors?

In the United States seven catholic dioceses have declared bankruptcy rather than agree to compensate survivors. In Canada the catholic diocese of St. George’s declared bankruptcy after being sued by victims of convicted sex abuser Father Kevin Bennett.

In negotiating the settlement Ron Martin had to consider that the Diocese of Antigonish does not have unlimited financial resources. Every dollar spent fighting survivors’ is a dollar that cannot be spent to compensate survivors.

Class Members Protected

A major concession made by the Diocese in the class action was to provide a security agreement on all it’s property to guarantee it’s financial obligations to the members of the class action.

If they do not opt out, survivors are automatically eligible to participate in the class action.

Application Dates

Survivors must apply for compensation by March 10, 2010. The time to apply may be extended to September 6, 2010 with permission of the Court.

Class Action a Victory for Survivors

The criticism leveled against the class action settlement is essentially that the class action is different from traditional litigation. That is true – and we see that as a victory for survivors.

Survivors Will Decide What is Best

Survivors should decide for themselves how they want to resolve their claims. In the end, each survivor will decide what is best for them: a public trial, or the confidentiality of the class action settlement.

A Better Way

Ron Martin and I believe that the settlement provides a better way for survivors of sexual abuse to receive compensation and closure in a safer way than traditional litigation. The process is dignified, confidential and fair.

Keeping a Promise

This settlement is not about the church; it is about the children who were sexually abused. It is about helping them achieve closure and accountability. It is about finding a way for survivors and the church to move forward. Last but not least, it is about Ron Martin fulfilling the promise he made to his brother David.

I have received calls from victims wondering what effect the Bishop's resignation will have on the Class action settlement to compensate survivors of sexual abuse by priests of the Antigonish Diocese.

Compensation Process Will Continue

The answer is that the class action settlement is a binding contract that has been approved by the Supreme Court of Nova Scotia. The Bishop's resignation will have no effect of the obligations of the Diocese to compensate survivors in accordance with the terms of the settlement agreement.

A spokesperson for the Diocese confirmed that the Bishop's resignation will not change the Diocese's commitment to survivors. Spokesperson for the Diocese, Father Paul Abbass said:

"After having spoken with Archbishop Mancini, I want to assure everyone, and particularly the victims of sexual abuse, that nothing in the recent court approved class action settlement agreement will change as a consequence of this transition in leadership,"

"Our settlement agreement is more than a legally binding document. It is a call to justice and reconciliation. It involves painful spiritual healing, profound understanding from all and difficult financial sacrifices. While the resignation of our former Bishop will be a loss to our Diocese in many ways, his departure does not diminish the legal and spiritual commitments we have made."

I am pleased to announce that on September 10, 2009, Justice David MacAdam of the Nova Scotia Supreme Court certified Ronald Martin’s class action lawsuit against the Roman Catholic Diocese of Antigonish.

Settlement Approved

Justice MacAdam also approved the settlement agreement which sets up a private and confidential compensation process for victims of sexual abuse by priests of the Diocese of Antigonish.

Landmark Decision

Justice MacAdam’s decision is extraordinary because it marks the first time that the Catholic Church has ever been successfully sued in a class action lawsuit. It also marks the first time that the Catholic Church has agreed to set up a compensation program specifically to provide compensation to survivors of sexual abuse by priests.

There are three important deadlines for class members to be aware of:

Notify Class Counsel: Class members should notify me on or before December 4, 2009 if they want to participate in the class action settlement. You can do so by contacting me by email at dioceseclassaction@apmlawyers.com.

Opt Out: If a class member does not want to take part in the class action settlement, and wants to file an individual lawsuit at their own cost, they must file an opt out form with the lawyers representing the Diocese on or before December 4, 2009.

Claims Deadline: Class members have until March 10, 2010 to submit a fully completed claim form requesting compensation. Claim forms are available by contacting my office or on the class action website www.dioceseclassaction.com.

Trigger Dates

There are two “trigger dates” in the settlement agreement. If anyone opts out of the class action, the Diocese has the right to pull out of the class action settlement.

Similarly, if more than 70 survivors come forward indicating that they want to file a claim for compensation, Ronald Martin has the right to pull out of the settlement agreement. The deadline for making this decision is December 4, 2009.

Congratulations and Thanks

Ron Martin is to be congratulated for all of his efforts in bringing forward this landmark claim on behalf of all of the sexual abuse survivors of the Antigonish Diocese.

I am honoured to have been able to assist Ron Marin in this landmark case. I want to thank him for trusting me with this important claim.

More Information

You can find out more about the terms of the class action settlement on my website www.novascotiaclassaction.com