Ministry Struggling to Justify Hamilton 'Priest-Dumping': Law Expert

By Ken Peters
Hamilton Spectator
July 19, 2012

http://www.thespec.com/news/local/article/764392--ministry-struggling-to-justify-hamilton-priest-dumping-law-expert

The Ministry of the Attorney General is likely looking at ways to justify a controversial legal resolution that permitted a charged priest to leave Hamilton for Brazil, says a legal expert.

The more time it takes for the ministry to investigate the case of Rev. Jose Silva, the less chance it has been able to justify it, Alan Young, an associate professor of the Osgoode Hall Law School at York University told the Spectator.

Young was commenting on the ongoing ministry investigation of an unusual deal between the Hamilton Crown Attorney's Office and a defence counsel that permitted Silva, 34, to return to his native Brazil without facing prosecution for a sexual assault charge. Silva left Hamilton May 4. A countrywide warrant was put in place that would see the charge proceed in the event Silva retuned to Canada.

"We know the deal is unusual and it cries out for some justification. The reality is they (ministry officials) understand the general public would not support a deal of this nature.

"From the ministry's point of view they want to justify it or have it disappear. As time goes by it becomes easier for this to disappear," Young said, adding the more time that goes on is an indication the ministry is having trouble justifying the deal.

"If you are in the middle of a scandal sometimes you just try to ride it out," Young added.

The ministry has declined to comment on the deal since July 11. The Hamilton Crown Attorney's Office has referred all comment on the matter to the ministry.

Young said it is rare for the ministry to publicly discipline an assistant Crown attorney for their role in legal cases. But he would not rule it out.

"If the ministry felt this deal was unwarranted and contrary to ministerial policy, there could be repercussions to that," he said.

Meanwhile an advocate for those abused by priests said she wasn't shocked or surprised by the Hamilton case.

"We call it priest dumping. This is priest dumping on an international scale. It doesn't address the issue. The issue becomes someone else's problem," Joelle Casteix, the western regional director of Survivors Network of those Abused by Priests said from Newport Beach, Calif. Casteix said the organization advocates on behalf of 10,000 victims worldwide.

"What happened in this case was someone saved the local diocese the cost of an airplane ticket," Casteix said, adding the Hamilton diocese would likely have tried to relocate Silva to Brazil once the sexual assault charge was resolved.

Casteix encourages members of the public concerned with the Hamilton case to continue to voice their objections to the media.

"In Canada you have a tremendous system and you can have a voice in government. You have the power to talk to elected officials and get them to understand that what has happened is dangerous. People need to stand up and say 'I will not tolerate this anymore'," she said.

Contact: kpeters@thespec.com