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  Judge Strikes down Motions to Limit Inquiry's Scope

CBC News [Canada]
May 1, 2006

http://www.cbc.ca/ottawa/story/ot-cornwall20060501.html

An inquiry into decades old allegations of sexual abuse is back on track after the judge struck down two motions that threatened to derail it.

Dubbed Project Truth, the investigation is looking at how the system responded to allegations that high-profile members of the community and clergy sexually abused children over the course of five decades.

The Alexandria-Cornwall Roman Catholic Diocese put forward a motion to be designated a community organization instead of public institution, a move that would have limited access to internal records.

* FROM FEB. 23, 2006: Church's demands could limit sex abuse inquiry's scope

In another motion, a former priest asked for victims to be prohibited from naming their alleged abusers, arguing that the inquiry is not a criminal investigation and that those accused in the inquiry would be convicted in the minds of the public.

Both motions were dismissed by Justice Normand Glaude.

Church has 'public character': justice

Glaude said the diocese is not a government institution, but is a public institution since "there are many indicators that it has a public character."

He said it provides a number of social services in the Cornwall area, including education and counseling.

Under the inquiry's mandate, the organizations under scrutiny are divided into two categories: public institutions and other community sector organizations.

Public institutions, such as the police, the justice system and the Children's Aid Society, must provide the inquiry with full access to internal documents and other information.

'It's not a scorecard': victim

Victims of alleged sexual abuse in Cornwall were optimistic that the judge's decision to include victim's testimony will help start the healing process in their community.

"It's not a score card … It's not about a win or a loss and I don't see it as a win and I am not throwing it in anyone's face," said Jamie Marsolais, an alleged victim.

"Obviously, I am glad everyone is included because if you have a piece of a puzzle that is not, then you are short a piece to complete that puzzle," he added.

Rev. Charles MacDonald's lawyer argued that allowing alleged victims to testify would effectively retry his client. Charges of sexual misconduct against MacDonald were stayed in 2002.

* FROM FEB. 13, 2002: Sex charges stayed against priest in Cornwall

Glaude decided it was crucial for victims to testify in order to fulfill the inquiry's mandate.

 
 

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