Category: Uncategorized

Pope decides not to prosecute Bishops who covered up for priest sex abusers

by John McKiggan






For years now the Catholic Church has been facing criticism around the world for its inaction in failing to prevent sexual abuse of children by Catholic Priests. Furthermore, the Church has been criticized for failing to hold Bishops who failed to prevent the abuse accountable.

Pope FrancisTherefore, advocates for sexual abuse survivors were cautiously optimistic when Pope Francis announced plans to create a tribunal to prosecute Bishop’s under Canon law who covered up sexual abuse by Priests.

However, last week the Pope backed off on his proposal to criminally prosecute Bishops. Instead the Pope issued an apostolic letter to “clarify” the proper procedures available under Canon law to punish Bishops who have been found to have violated the Canon code.

3 Priests to stand trial for covering up sex abuse: Now what about the rest?

by John McKiggan






Three Franciscan priests have been ordered by a Judge in Pennsylvania to stand trial on charges of endangering the welfare of a child and conspiracy for covering up sexual abuse by a fourth Priest.

The priests are charged with enabling Brother Stephen Baker to sexually abuse a number of boys at Bishop McCort High School. According to witness testimony during the priests’ preliminary inquiry, the accused, Father Giles Schinelli, Father Robert D’Aversa and Father Anthony Criscitelli knew that Baker was a pedophile and yet the accused priests continued to assign Baker to jobs where he would have contact with children.

Systemic cover up?

Jian Ghomeshi and the Burden of Proof in Sexual Abuse Claims

by John McKiggan






Ghomeshi sexual abuse claims come to court today

Jian Ghomeshi’s criminal trial starts today. He is charged with four counts of sexual assault and one count of overcoming resistance by choking. Ghomesi has pleaded not guilty to all of the charges.

I found it interesting that CBC news has reported Ghomeshi was facing charges relating to assaults on other women but the charges were withdrawn because the Crown determined there was no reasonable prospect of conviction.

What is the Burden of Proof in Sexual Abuse Claims? “How do I prove my claim?”

by John McKiggan






School for the Deaf Students make sexual abuse claims

Recently former residents of the Nova Scotia School for the Deaf have come forward with allegations about childhood sexual abuse. I have been representing survivors of childhood sexual abuse for almost 25 years. In most cases the allegations that give rise to the claims are decades old. So the most common question that I get asked about by survivors is: “How do I prove that I was abused?”

What is “The Burden of Proof”?

Sexual Abuse Claims at Nova Scotia School for the Deaf

by John McKiggan






Former residents of the Interprovincial School for the Education of the Deaf, more commonly called the Nova Scotia School for the Deaf have come forward with allegations that they were physically and sexually abused while they were students of the school.

The school was originally in Halifax and children from all the Atlantic provinces were sent to the school for education. In 1960 the governments of Nova Scotia and New Brunswick assumed joint responsibility for operation of the school and moved it to Amherst Nova Scotia where is was renamed the Interprovincial School for the Education of the Deaf.

While these allegations have not yet been proven in court they follow a string of other institutional abuse claims from various Residential Schools across the country where children were forced to lived in isolation, separated from their parents. Many of these children subjected to physical, sexual and psychological abuse.

Nova Scotia’s New Limitation Act Helps Sexual Abuse Victims

by John McKiggan






Nova Scotia has proclaimed a new Limitation of Actions Act. That is the law that establishes the statute of limitation period (how long a plaintiff has to sue) for various claims.

There are a number of important changes in the new statute of limitations. Specifically it shortens the limitation period for many claims to two years.

Court still has discretion to extend limitation periods

Documentary Provides Healing to Victims of Ex-Priest and Scout Leader Ralph Rowe

by John McKiggan






It has been suggested that Ralph Rowe is one of Canada’s most prolific pedophiles. Rowe was an Anglican Priest and Scoutmaster. He was also a pilot and he flew to 20 remote First Nations communities in Northern Ontario and Manitoba. Rowe would lead church services, organize youth group outings and scout camping trips where he used his position of trust and authority to prey on children.

Controversial deal

In 1994 Ralph Rowe pleaded guilty to 39 sex abuse charges. He was sentenced to 6 years. But part of the plea bargain that resulted in Rowe’s guilty plea involved an agreement that Rowe would not be sentenced to further prison time for similar convictions.

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

Pedophile priest convicted in Nunavut: Dejaeger facing long delayed jail time.

by John McKiggan






Dejaeger finally convicted

There is good news for sexual abuse victims of former oblate priest Eric Dejaeger. He was found guilty today on 24 of the 68 charges he was facing in Iqaluit.

The priest pleaded guilty to eight sexual abuse charges last November. So Dejaeger will face sentencing on 32 convictions sometime early next year.

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