BishopAccountability.org
 
  Motions Could Derail Cornwall Abuse Inquiry

CBC News [Canada]
March 27, 2006

http://www.cbc.ca/ottawa/story/ot-cornwall20060327.html

The Cornwall sex-abuse inquiry faces two motions to limit the scope of its probe that threaten to derail the entire investigation as it resumes Monday.

The inquiry, headed by Justice Normand Glaude, is an independent investigation into how the justice system responded to allegations that high-profile members of the community and clergy sexually abused children over the course of 50 years.

The judge was to hear two motions as the proceedings resumed: one from a Roman Catholic church diocese that would bar the inquiry from looking into its internal investigations and another from a former priest who wants victims to be prohibited from naming their alleged abusers.

The motions drew criticism from Garry Guzzo, a former MP who fought for an inquiry during his time in office. He said Ontario Attorney General Michael Bryant promised the inquiry would be limitless in scope when it opened in mid-February.

"He said it was going to be open, it was going to be transparent and it was going to be complete," said Guzzo. "And I said, 'Do those words apply to the Diocese of Alexandria and the church?' and he said, 'Absolutely, Garry. Absolutely.'"

Michael Neville, the lawyer representing Rev. Charles MacDonald, is arguing that victims are only allowed to identify their alleged abusers in testimony during proceedings covered by the Criminal Code.

MacDonald was charged with sexual abuse during a provincial police investigation, but charges were stayed after judges ruled his right to a speedy trial had been violated.

The Cornwall inquiry is not bound by the code.

Neville said lawyers are working on a compromise whereby victims could describe their ordeals without naming their alleged abusers, but he admits it has "practical complications."

Motion could block access to church documents

Another complication the investigation faces is a motion by the Alexandria-Cornwall Roman Catholic Diocese to be deemed a community organization.

Under the inquiry's mandate, it divides public institutions and other community sector organizations. Currently, the church falls under the category of public institution, along with the police, the justice system and the Children's Aid Society.

If the motion succeeds, the inquiry will be unable to examine documents stemming from the church's internal investigations.

Glaude began hearing from lawyers representing the diocese on Monday morning.

Province urged to step in if motions succeed

If Glaude grants both motions, Guzzo said the responsibility would fall on the attorney general to step in and redraft the inquiry's mandate.

Tory MPP Bob Runciman also plans to demand the government get involved if the motions succeed.

"Certainly at that point, I would definitely be asking a question: What's the end game here? Do we want to find out what really happened or is this just a charade?"

But another problem arises if Glaude refuses the church's motion.

The lawyers are likely to appeal, a process that could take years and grind the inquiry to a halt.

In 1997, a provincial police investigation called Project Truth resulted in 114 charges against 15 men, including doctors, lawyers and three Catholic priests.

But only one person, unconnected to the alleged sex ring, was ever convicted of sexual offences.

Initial police investigations found no wrongdoing, sparking the first allegations of a coverup.

 
 

Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.