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  Allan Man Alleges Abuse by Priest

By Heather Polischuk
The Leader-Post [Canada]
June 12, 2007

http://www.canada.com/reginaleaderpost/news/story.html?id=d8f342d7-f3f1-4b0b-a91a-e9b892df8f23

An Allan, Sask., man is suing the Archiepiscopal Corporation of Regina, or the Roman Catholic Archdiocese, alleging he was sexually abused by a priest as a youth.

In his statement of claim filed in March, Albert Laval claims he was abused in or around November 1963 when he spent two nights at the Cantal, Sask., parish rectory.

Laval alleges the now-deceased Pius Finnin, then the parish priest in Wauchope, Sask., abused him knowing Laval was neither consenting, nor of an age where consent was relevant.

A statement of claim contains allegations that have not been proven in court. Jay Watson, Laval's Saskatoon lawyer, could not be reached for comment on Monday afternoon.

Laval claims the archdiocese is liable for failing to protect him, in part by permitting "unqualified individuals to hire the Deceased as a priest for the Parish."

The claim goes on to further allege the archdiocese "lacked policies and/or guidelines respecting the hiring of adequate persons to serve as its servants, agents or employees," or did not follow policies that were in place.

Laval adds the archdiocese as employer failed to remove Finnin from his duties after learning of allegations against him of sexual misconduct -- including allegations that pre-dated his employment with the Regina archdiocese.

But in a statement of defence filed in late May, the lawyer for the archdiocese argues that while Finnin was a priest working in the area governed by the archdiocese, he was not in fact considered an "agent or employee" of the archdiocese.

When contacted on Monday, archdiocese lawyer Paul Harasen said the exact nature of the employment relationship between the priest and the archdiocese will have to be determined.

But in any case, the archdiocese "denies that it had a relationship with Pius Finnin which would make the Archdiocese vicariously liable for any acts or omissions of Pius Finnin," the statement of defence reads.

It goes on to say the archdiocese did not know or ought to have known about the alleged sexual assaults or any alleged potential for assaults, meaning the archdiocese cannot be held responsible for any negligence, breach of fiduciary duty and/or breach of trust.

Harasen added that any allegations of abuse will have to be proven by the plaintiff in court.

Laval claims the archdiocese also did not offer counselling or any other assistance after learning of the alleged abuse. He claims that as a result of abuse, he suffered physical, emotional and psychological trauma, among other classifications of pain and suffering, loss of enjoyment of life and loss of amenities.

He is asking for an unspecified amount of damages and costs.

The archdiocese is asking the lawsuit be dismissed with costs awarded to the defendant.

Harasen said the lawsuit will have to next go through a mandatory mediation hearing before proceeding any further. While a date for that hearing has not yet been set, it could be held sometime his summer, he said.

 
 

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