Category: Sexual Abuse

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

by John McKiggan

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.

Vatican Denies Responsibility for Sexually Abusive Priests

by John McKiggan

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.

Nova Scotia Court of Appeal Increases Award to Lalo Sexual Abuse Victim

by John McKiggan

Our Court of Appeal has released their reasons in the appeal of L.M.M. v. Attorney General (Nova Scotia).

The appellant/plaintiff L.M.M. was sexually abused by his probation officer, Cesar Lalo. Lalo was convicted of assaulting the boy. As a result of the sexual abuse the trial judge stated:

So I have examined these two life patterns. There is no doubt in my mind that the Lalo “event” generated a significant and lasting change in LM’s life plan.
And I have asked myself what was the hope and promise of his life before Lalo.
Could he have lived even a conventional or somewhat normal life, but for this event? Will he ever get back on the track his life might have taken but for this event? What is the long-term difference between the life he has today and one he might have had, if the probation officer he met was an honourable and decent man. LM’s life changed dramatically for the worse after he passed through that sliding glass door into Caesar Lalo’s “care” at the age of 13.

Nowhere to Hide: Internet Helps Bring Sexual Abuser to Justice

by John McKiggan

Great article by Bob Weber of the Canadian Press about the hunt to bring Eric Dejaeger to justice.

Dejaeger a catholic priest, pleading guilty to sexually abusing nine children while he was in Nunavet. He was released after serving less than a year in jail. RCMP then charged him with three counts of indecent assault and three counts of buggery stemming from his time in Igloolik.

Dejaeger fled to Belgium after being charged. He lived freely and openly with the Oblates in Brussels despite the efforts of the Canadian authorities to extradite him to face charges.

Vatican’s Abuse Guidelines: Action or Window Dressing?

by John McKiggan

The Vatican’s Guidelines to Bishops for dealing with claims of priest sexual abuse has now been released.

Cardinal William Joseph Levada, Prefect of the Congregation for the Doctrine of the Faith, also released a brief letter accompanying the Guidelines.

Levada says that the Guidelines were drafted to “…facilitate the correct application” of the Pope’s previous instructions.

Amnesty International Names Vatican for Failing to Protect Children

by John McKiggan

Today Amnesty International published it’s annual report Amnesty International Report 2011: The State of the World’s Human Rights, which examines human rights offences in various countries throughout the world.

The report concludes:

“…the Holy See did not sufficiently comply with its international obligations relating to the protection of children”.

Vatican to Issue New Abuse Guidelines

by John McKiggan

The Associated Press reports that the Vatican’s Congregation for the Doctrine of the Faith plans to release new guidelines advising Bishops on how to deal with cases of sexual abuse of children by priests.

The guidelines have been in the works for at least six months. In November last year, Cardinal William Levada indicated the Vatican would recommend establishing prevention programs, better screening of priests and advise Bishops to obey civil reporting requirements.

Need a Recommendation to Obey the Law?

Church Covered Up Abuse: No Punishment Necessary

by John McKiggan

Justice David Little issued a damning decision today castigating former Bishop John Sherlock and the Roman Catholic Church for years of covering up sexual abuse by Canada’s most notorious pedophile Father Charles Sylvestre.

Cover Up

In a strongly worded judgement Justice Little stated:

Probation Officer Lets Sex Offender Coach Minor Hockey: Province Responsible for Harm

by John McKiggan

The Province of British Columbia was recently held vicariously liable for the sexual abuse of a convicted sex offender who sexually abused a minor hockey player that he was coaching.

Reasons for judgment were recently released by Justice Dley in D.K.B. v. Her Majesty the Queen in Right of the Province of British Columbia.

Failure to Notify

Accused Abuser Doesn’t Have to Produce Psychological Records

by John McKiggan

Reasons for judgement were recently released in the case of B.M.B v. Fallona et al. .

The plaintiff B.M.B. filed a claim accusing the defendant Fallona, a Roman Catholic priest, of sexually assaulting her.

B.M.B. applied to court for an order requiring Fallona to produce a copy of various physicians’ records who provided mental health services to the priest.

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