By Terri Saunders
Standard-Freeholder [Canada]
March 29, 2007
http://www.standard-freeholder.com/webapp/sitepages/content.asp?contentid=
464982&catname=Front+Page&classif=News+%2D+Local
False statements in at least two affidavits filed with the Cornwall Public Inquiry may lead to a lack of public confidence in the commission's work, lawyers argued Wednesday.
"This deals with the credibility of the process," said Peter Wardle, an attorney representing the Citizens for Community Renewal.
Earlier this month, a series of sworn affidavits signed by members of The Victims Group were removed from the inquiry's website. Commission counsel received information that some of the statements contained in at least two of the documents, prepared by and presented to the inquiry by attorneys from the London-based law firm Ledroit Beckett, were incorrect.
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| Cornwall Public Inquiry commissioner Normand Glaude at the bench Wednesday afternoon. Photo by Pfeiffer/ RP07032803 |
In at least one affidavit, an individual suggested he was dissatisfied with the actions of Alexandria-Cornwall Roman Catholic Diocese in relation to a civil lawsuit he'd filed. No lawsuit was ever initiated.
Dallas Lee, an attorney from Ledroit Beckett, told the commission Wednesday the affidavits were prepared by clerks in the firm's office from information gathered through meetings between law firm staff and a number of complainants.
Most of the affidavits are similarly written and at times appear to be identical in format.
"There is a concern that people will look at these errors as an indication our clients can't be trusted," said Lee.
Earlier this month, Robert Renshaw testified at the inquiry about the abuse he says he suffered at the hands of a city priest and a now-deceased probation officer.
During the course of cross-examination by David Sherriff-Scott, an attorney acting for the Alexandria-Cornwall Roman Catholic Diocese at the inquiry, Renshaw admitted at least one portion of the affidavit filed under his name was false. One paragraph talks about how Renshaw was "raised in a family of devout Catholics," and that "as result of the sexual abuse I (Renshaw) have total loss of my Catholic faith."
"That's not accurate, right?" asked Sherriff-Scott.
"No," said Renshaw. "It's not."
"That's a mistake in this affidavit?" asked Sherriff-Scott.
"Yes," said Renshaw. "You can scratch that out."
Prior to the start of the inquiry, Ledroit Beckett sent John Swales, then a client support worker with the firm, to Cornwall in order to meet with victims and alleged victims who intended to participate in the inquiry.
Commission officials had announced anyone wishing to become a party to the inquiry was to apply for standing and, if necessary, funding in order to participate.
Over the course of several months, Swales came to Cornwall on several occasions during which he met with dozens of individuals who were interested in participating in the inquiry and asked them to provide information about any abuse they suffered or any allegations of abuse as well as any contact they may have had with a variety of public institutions in relation to their allegations.
The information gathered by Swales was then used to draft a series of affidavits to be signed by the individuals. On Oct. 18, 2005, lawyers from the firm came to Cornwall and met with the individuals during which time the affidavits were reviewed, altered if necessary and ultimately signed.
Those affidavits were then packaged for inclusion as part of the standing and funding application by The Victims Group. That application was approved by Comm. Normand Glaude on Nov. 17, 2005.
Glaude has since ordered Ledroit Beckett to review all of the affidavits filed with the commission and report on any inaccuracies contained in them within 30 days.
"They must ensure that any shortcomings be brought to my attention," said Glaude, "and that they're dealt with at no cost to the taxpayers and no cost to their clients."
Peter Engelmann, lead counsel for the inquiry, said there's no belief among commission officials any malice has occurred.
"There's no suggestion the (affiants) made mistakes about the fact they were victims of abuse or had contact with institutions," said Engelmann.
"It's unfortunate because this is very sensitive subject matter and it's unfortunate when mistakes are made."
Engelmann said the extent of the errors identified to date would not have resulted in Glaude making a different decision in regards to the standing and funding application.
"They served their purpose and in our opinion, they were spent," said Engelmann. "It wouldn't have changed the commissioner's decision in any way."
Glaude said when it comes to the work of the inquiry, it's important that information received be accurate.
"They (affiants) must understand that swearing an affidavit is a very serious matter," he said. "Enough is enough. It's vital we get things right."
In their words
"This deals with the credibility of the process."
Peter Wardle, attorney for Citizens for Community Renewal
"There is a concern that people will look at these errors as an indication our clients can't be trusted."
Dallas Lee, attorney for The Victims Group
"You can scratch that out."
Robert Renshaw, alleged victim, on a false statement contained in his affidavit
"It's unfortunate because this is very sensitive subject matter and it's unfortunate when mistakes are made."
Peter Engelmann, lead commission counsel
"It's vital we get things right."
Comm. Normand Glaude
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