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	Victims of Priest Abuse Will Get 'Fair Treatment,' Diocese Says By Cathy Von Kintzel Chronicle Herald June 26, 2008 http://thechronicleherald.ca/Front/1064328.html The Roman Catholic Diocese of Antigonish said Wednesday it's committed to providing compassion, compensation and counselling to victims of sexual abuse and regrets the matter is the focus of a new class action lawsuit in Nova Scotia. "The Diocese of Antigonish acknowledges that sexual abuse did occur with certain priests, some of whom have already been criminally convicted and punished for such horrific crimes," Bishop Raymond Lahey said in a written statement. "The victims deserve a fair hearing and fair treatment, and they must be treated with respect and with dignity," he said. "While we must sort through the complexities of this new class action litigation, we are committed to providing compassion, compensation and counselling to these victims. "As well, in consultation with them, we hope to structure a service of reconciliation and healing where we can deliver a formal apology to the victims and their families." Bishop Lahey was responding to Tuesday's news of a lawsuit filed against him, the diocese and the Roman Catholic Church on behalf of people who say they were sexually abused by priests over several decades. It is the first lawsuit filed under Nova Scotia's new Class Proceedings Act and claims the church failed to warn or protect children from the sexual deviancies of priests. The claim, filed by Ronald Martin, has not been proven in court. Mr. Martin alleges he and his brother David were victims of the same priest, the late Hugh Vincent MacDonald. But Ron only learned of his brother's alleged abuse when he read it in David's suicide note in 2002. The note sparked a criminal investigation. Bishop Lahey said the diocese offers psychological counselling and "a less adversarial settlement process for claimants who want to avoid the unwelcome aspects of conventional litigation" and who want to avoid the class action process. He said the diocese respects the rights of lawsuit claimants. "While we regret that this matter will now involve somewhat complex court proceedings new to Nova Scotia, our door remains open to explore all avenues of resolution and closure for people who have been genuinely victimized." Halifax lawyer John McKiggan, who represents Mr. Martin, said in a telephone interview Wednesday abuse survivors shouldn't be intimidated by the class action process and he urged them to become fully informed and weigh all of their options. Mr. McKiggan said his client initially approached the diocese alone, without counsel, looking for an apology and an acknowledgment. Getting neither, he retained Mr. McKiggan in hopes of negotiating an out-of-court settlement process for all survivors, the lawyer said. That also didn't happen, Mr. McKiggan said. "Ron feels the only way this is going to be achieved is with the assistance of the court," Mr. McKiggan said. "The class action doesn't rule out the possibility of a negotiated settlement. It simply means the court will decide whether a process is fair and reasonable." Three of the priests cited in the class action — Clair Richard, his twin brother Claude and the late James Mombourquette — have all been convicted of multiple counts of sexual assault against children in the care of the diocese. The other priest named in the statement of claim is Frank McNeil. The diocese did not immediately respond to a call seeking comment from the priests. The class action, which names Bishop Lahey, the diocese and the Roman Catholic Church as defendants, says bishops and the diocese kept the assaults secret and failed to warn or protect children. The class action alleges that, in 1962, Pope John issued instructions to every bishop to ensure all allegations of sexual abuse by priests "were to be kept strictly secret under penalty of excommunication." In 2001, Cardinal Joseph Ratzinger — now Pope Benedict — confirmed from the Vatican that the 1962 order remained in force, the suit alleges. The claim further states that the sexual assaults "were caused by the systemic negligence, fraud, breach of trust and breach of fiduciary duty of the priests, diocese and bishop." Bruce MacIntosh, a New Glasgow lawyer for the diocese for more than three years, said Wednesday some claims unrelated to the lawsuit have been settled but he wouldn't say how many or how much money was involved. "Each claim is different," he said. Some were settled through the courts and others weren't. "We try to ensure claimants have any and all options available to them."
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