Category: Sexual Abuse

The #MeToo Effect: Childhood Sexual Abuse Claims Against the Catholic Church

by John McKiggan

The Catholic Church, for many, is a place of sanctuary, family and faith; for others, however, it is a painful reminder of systemic sexual abuse that has affected the lives of children for decades. While the Church actively condemns sexual abuse in every form in its public schools, survivors of child abuse are still driven to silence over what happened to them—either recently, or decades in the past.

George-Epoch-Class-Action-Claim-Nova-Scotia

Courtesy CBC

The #MeToo movement, in recent years, has empowered those who have previously been silenced to speak up—and speak out—against their abusers, and in some cases, the organizations responsible for shielding these abusers from legal repercussions.

Class action against the Roman Catholic Archdiocese of Halifax-Yarmouth

by John McKiggan

McKiggan Hebert Lawyers in Halifax and Koskie Minsky LLP in Toronto have filed a class action against the Roman Catholic Archdiocese of Halifax-Yarmouth on behalf of persons who allege they were sexually abused by priests from the Archdiocese from 1960 to date.

August 2, 2018 – Halifax, NS B3J 1H6

The class action claims that the Roman Catholic Episcopal Corporation of Halifax-Yarmouth, more commonly known as the Roman Catholic Archdiocese of Halifax-Yarmouth, had a decades long policy of secrecy of any allegations of sexual abuse against a priest.

Sexual Abuse in Canada’s Athletics: A Brief Overview

by John McKiggan

While sports are commonly thought to “be a safe, healthy environment which contributes to the positive development of young people, it is also an area where violence can manifest itself in various ways, including sexual assault.” Between 2 and 8 percent of all Canadian athletes are victims in sexual abuse at some point in their careers, a number which may come as a surprise to sports fans and sexual abuse prevention advocates alike.

Concerns for the safety and wellbeing of child and young adult victims have seen a sharp rise in recent years as incidents of sexual abuse in any environment—including athletics—are brought to the public’s attention thanks to the #MeToo movement and similar visibility efforts.

In as many as 98 percent of these incidents, the perpetrators of sexual abuse were coaches, teachers or instructors of the victims, violating the sense of trust and kinship that is highly valued in the context of an athletic team.
Is Sexual Abuse in Elite Sports a Hidden Epidemic?

Courtesy of Toronto Star

The Unfounded Files: #MeToo and Its Impact on the RCMP

by John McKiggan

As the #MeToo movement continues to gain traction across Canada, supporters have continuously called for not only an end to sexual assault victim stigmatization, but also for an improvement in the way that sexual assault incident reports are handled by authorities. In Canada, sexual assault allegations are investigated by local police departments or the RCMP. RCMP statistics indicate an estimated 635,000 incidents of sexual assault occurred in Canada during 2014.
Tip of The Iceberg

image courtesy of patch.com

Unfortunately, as someone who has been representing survivors of sexual abuse for more than 25 years, I can state without a shadow of a doubt that these reports are just the tip of the iceberg.

KPMG’s Investigation of Scouts Canada

by John McKiggan

Recently, we covered CBC’s 2012 report on Scouts Canada that took place following an episode of The Fifth Estate. The investigation on The Fifth Estate sought to find answers to allegations that Scouts Canada had not been entirely honest about reporting each instance of sexual abuse, assault or misconduct occurring within their ranks to the authorities, as they had previously maintained for decades.

As a result, Scouts Canada then pledged to hand over previously-confidential reporting dossiers to auditing firm KPMG, who then launched an independent investigation to determine if (and when) Scouts Canada failed to report instances of sexual abuse that they were made aware of.

What follows is a brief summary of the result of KPMG’s investigation, which can viewed in full here.
Summary of KPMG Report
The 55-page report outlines KPMG’s investigative timeline, and goes into detail regarding the decision to launch the investigation, how the 486 cases were obtained from Scouts Canada (whether they were part of the initial hand-over or acquired later), and the processes through which these cases were analyzed to determine the level of action taken by Scouts Canada to address allegations of sexual abuse and assault from 1947 to 2011.

Scouts Canada and Their Failure to Report Sexual Abuse

by John McKiggan

Scouts Canada has come under fire in past years from critics and victims alike for the organization’s failure to report to the police instances and allegations of sexual abuse and assault by adult leaders against children. This apparent inaction is thought, by some, to be part of a systemic effort to protect child molesters within their ranks. Whether or not these claims are true has yet to be determined, but what has been determined by numerical data is that there has been some level of failure on the part of the Scouts Canada to report all instances of sexual abuse and assault to the authorities.

In October 2011, CBC first reported that Scouts Canada had signed confidentiality agreements out-of-court with more than a dozen child sex-abuse victims, and two months later, Scouts Canada issued a blanket apology to former scouts who were sexually assaulted by adult leaders as children.

In February 2012, Steve Kent, chief commissioner of Scouts Canada, acknowledged that Scouts Canada did not, in fact, report all allegations of sexual abuse and assault to police, despite decades of assurance that they had indeed done so, and handed off previously-confidential dossiers to auditing firm KPMG for investigation.
The KPMG Audit of Scouts Canada
A 2012 CBC article reports that Scouts Canada hired auditing firm KPMG to examine 486 cases from 1947 to 2011 in which adult scouting leaders were suspended or terminated on allegations of sexual abuse, misconduct or assault, following an investigation featured on CBC’s The Fifth Estate which examined how the organization has dealt with past instances of abuse within its ranks.

Sex Assault Acquittal Highlights Differences in Burden of Proof Between Criminal and Civil Claims

by John McKiggan

Burden of proof

A recent decision from the Supreme Court of Nova Scotia provides a clear example of the differences between the burden of proof in criminal charges as opposed to civil compensation claims and how that can affect victims of sexual assault.

Her Majesty the Queen v. A.L. is a decision of Justice J. Arnold. There is a publication ban on the identities of the parties so the summary of the information is, by necessity, somewhat vague.

Ghomeshi-Cosby Accusations Highlight Differences Between Canada-US Sex Assault Laws

by John McKiggan

Jian Ghomeshi criminal charges

There are few Canadians that haven’t heard about the sexual assault allegations being made against former CBC host Jian Ghomeshi. Two weeks ago Ghomeshi was charged with four counts of sexual assault and one count of physical assault. To date nine women have come forward stating they were victims of sexual or physical assault by Ghomeshi. Some of the allegations date back a decade or more.

Bill Cosby facing sex assault allegations but no criminal charges

Employers Knowledge of Sexual Abuse may be a Double Edged Sword: Roman Catholic Episcopal Corporation of Saint John’s v. Guardian Insurance

by John McKiggan

Today the Supreme Court of Canada refused to hear an appeal from a decision of the Newfoundland and Labrador Court of Appeal: Roman Catholic Episcopal Corporation of Saint John’s v. Guardian Insurance

The case is interesting to those of us who represent survivors of childhood of sexual abuse because it illustrates the challenges in recovering compensation for survivors.

In many cases the abuser has little or no assets or is dead. Often a survivor’s only hope of receiving some measure of compensation for their injuries is by pursuing the institution that employed the abuser.

Will a Public Database of Pedophiles Protect Children? The answer may surprise you.

by John McKiggan

The federal government recently introduced legislation to create a public database of child sex offenders.

The bill increases the sentences for child sex crimes and requires sex offenders to provide information when they travel and also facilitates information sharing between various law enforcement agencies.

As an advocate for survivors of childhood abuse I support legislation increasing the penalties for child sex offences.

  • badges