By Sue Montgomery
Montreal Gazette
October 30, 2010
http://www.montrealgazette.com/news/Victims+uplifted+ruling/3750100/story.html
| France Bedard, president of an association for victims of abuse by priests, led a demonstration in February at College Notre Dame, where alleged abuses took place. |
They're calling it a small miracle from St. Andre.
Tongue in cheek, perhaps, but victims of alleged sexual abuse at the hands of the saint's fellow Roman Catholic brothers applauded yesterday's unanimous Supreme Court decision allowing a Quebec woman who was abused by a priest in the late 1970s to launch a lawsuit against the Catholic Church.
"It's a big victory for the victims of College Notre Dame," said Robert Cornellier, who is seeking permission to file a class-action suit on behalf of his late brother Rene and other former students who were abused in the 1970s and '80s by brothers of Congregation of Holy Cross.
The brothers, who own College Notre Dame and St. Joseph's Oratory, taught and worked at the prestigious private school until 2004.
Yesterday, the Supreme Court bounced another sexual abuse lawsuit involving Roman Catholic clergy back to Quebec Superior Court, which had dismissed the case solely on the fact the victim had missed the three-year deadline to file a civil suit.
The ruling may have snatched the ace out of the hands of Congregation of Holy Cross lawyers, who planned to go into Quebec Superior Court at a scheduled hearing next month and defeat the victims' attempt to sue for damages by claiming they'd passed the three-year time limit.
This month, after the congregation apologized for the abuse, the victims' lawyer wrote the order a letter, saying that if they were sincere the two parties could name a mediator and sit down to settle the suit, saving the victims the pain of having to go through a trial.
The order's lawyer, Eric Simard, said they preferred to go to trial because "they were certain they'd win thanks to the three-year prescription," Cornellier said.
Simard didn't return calls yesterday.
Yesterday's Supreme Court three-paragraph ruling says that Quebec Superior Court must re-hear the case of Shirley Christensen, who is suing the Roman Catholic Archbishop of Quebec and priest Paul-Henri Lachance for $250,000 for sexual abuse she suffered more than 25 years ago. Her case has nothing to do with the action against College Notre Dame.
In its three-paragraph ruling, the Supreme Court said the trial judge will have to assess the evidence to determine whether prescription started to run in 2006, when Christensen started to recall some memories of the abuse, or that it shouldn't apply at all in the case.
Bryan McPhadden, the lawyer who represented the victims in a class-action suit against Selwyn House, said the private boys' school was willing not to argue prescription in order to reach a $5-million settlement and "buy peace." He warned against getting too excited about the Supreme Court ruling since it doesn't change the law in Quebec which is the only province with a three-year time limit.
In Quebec City, Justice Minister Jean-Marc Fournier said the question raised by the judgment is "disturbing" and he is open to amending Quebec's Civil Code, which fixed the three-year limit.
"Since we are open to changes, because the situation is disturbing, we will analyze the different options, the consequences, the impact," Fournier added.
Asked why Quebec is trailing other provinces, which have lifted the statute of limitations on sexual abuse cases, Fournier said he couldn't say.
The Supreme Court decision was handed down a day before a large celebration planned today at Olympic Stadium for Brother Andre, who this month became the first male Catholic saint born in Canada. He joined the Congregation of Holy Cross in 1870, and became the Miracle Man of Montreal as thousands of followers attributed to him miraculous recoveries for every ailment imaginable. It'sbecauseof himthatSt. Joseph's Oratory was built.
Kevin Dougherty of The Gazette contributed to this report
Contact: smontgomery@montrealgazette.com
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