Church Expert Backs up Christian Brothers’ Autonomy
By Barb Sweet
An expert on canon law testifying for the Roman Catholic Episcopal Corp. of St. John’s says historical Vatican documentation backs up the Christian Brothers’ autonomy. Father Francis Morrissey, a canon law professor at St. Paul University in Ottawa, took the witness stand Monday in the Mount Cashel civil trial at Newfoundland Supreme Court. His testimony continues today. Reviewing documents tracing back to the late 19th and early 20th century, he said the archbishop could not visit and intervene in the internal affairs of the lay order Christian Brothers. The Brothers, said Morrissey, were granted a special exemption as they spread out beyond Ireland to places that included Newfoundland and the U.S. Morrissey is also a retired appeals judge in the Catholic church’s internal judicial system that has rules based on interpretation of canon laws originally written in Latin. Victims of physical and sexual abuse by certain Christian Brothers during the late 1940s to early 1960s contend the church should be held liable for what happened to them at the St. John’s boys’ orphanage. There are four test cases in the lawsuit, representing about 60 claimants. When asked by victims’ lawyer Geoff Budden about the archbishop’s handling of a 1954 incident in which a fired Mount Cashel employee had gone to the Palace with information that another employee — not a Christian Brother — committed an immoral act on a boy, Morrissey said the chain of command was followed. That is, the archbishop had a responsibility to respond to the complaint, but had to do so through the Christian Brothers’ ranks, and summoned the Brother Superior of the orphanage. (The court has already heard that the employee the allegations referred to was told to stay away from the orphanage.) In a document related to the incident, it was noted the Christian Brother Superior stated the charges were denied as malicious lies. “He is following the rule exactly that was set out,” Morrissey said of the archbishop’s actions. “He brings in the Brother who was in charge of the place and asks him to look after it.” In the event the Brother had refused the summons, the archbishop could go higher through the Christian Brothers’ hierarchy and finally to the Holy See at the Vatican. Earlier story: Canon law expert testifies for church at Mount Cashel civil trial An expert on canon law testifying for the RC Episcopal Corp. of St. John's says historical Vatican documentation backs up the Christian Brothers' autonomy. Fr. Francis Morrissey, noted for being a canon law professor at St. Paul University, Ottawa, is on the witness stand today in the Mount Cashel civil trial at Newfoundland Supreme Court. Reviewing documents tracing back to the late 19th and early 20th century, he said the archbishop could not visit and intervene in the internal affairs of the lay order Christian Brothers. The Brothers, said Morrissey, were granted a special exemption as they spread out beyond Ireland to places that included Newfoundland and the U.S. Victims of physical and sexual abuse by certain Christian Brothers during the period late 1940s to early 1960s contend the church should be held liable for what happened to them at the infamous St. John's boys' orphanage. Email: bsweet@thetelegram.com
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