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	Judge in Cornwall Sex Abuse Inquiry Will Treat Church like a 'Public Institution' Ruling Challenges Traditional Definition; Diocese Lawyer Calls Decision 'Absurd' By Zev Singer Ottawa Citizen [Canada] May 2, 2006 http://www.canada.com/ottawacitizen/news/story.html? id=f4ae3f00-6b8e-480b-bbc1-7e40a3118b9e&k=38433 A judge's ruling yesterday that a Catholic diocese will be treated as a "public institution" at an inquiry into sexual abuse cases in Cornwall throws open the debate about the balance between church and state, says a University of Toronto expert on public law. Justice G. Norman Glaude, the commissioner of the Cornwall public inquiry looking into allegations of sexual abuse in the Cornwall area, ruled yesterday that the Diocese of Alexandria-Cornwall would be open to the same level of scrutiny as the police and other publicly funded and controlled organizations. Lorne Sossin of the University of Toronto said the ruling challenges the traditional definition that churches are private organizations. "If churches are going to be considered public organizations, are they subject to other kinds of public duties and public obligations?" said Mr. Sossin. "Are they subject to the Charter of Rights in some circumstances or the other instruments we have for constraining government actions?" Mr. Sossin said it would be different if the discussion revolved around Catholic schools, which are publicly funded and function under provincial direction. But this is a case where the diocese is not using government money. David Sherriff-Scott, the lawyer for the diocese, said yesterday the diocese should not be viewed as part of the public sector, which has a much greater degree of accountability to the public. "A public inquiry is designed to look into the machinery of government to see if it operates properly," Mr. Sherriff-Scott said. "The idea that (Judge Glaude) would treat any private institution or private organization or private charity like a governmental, public institution under his mandate is just frankly absurd." A news release from Judge Glaude said the diocese was considered a public institution because of its objectives: "such as providing assistance to the poor, strengthening and promoting education, promoting community values, and the elimination of disease and sickness." Mr. Sherriff-Scott, who is considering a challenge of the ruling, said that the commissioner is essentially using the diocese's benevolent work against it. Mr. Sossin said calling an organization a "public institution" because it does benevolent is as "tenuous a connection as you can imagine." Other organizations involved in public service could find themselves in the same boat, he added. Janet Epp Buckingham, director of law and public policy for the Evangelical Fellowship of Canada, who follows issues of church and state, said the ruling could have implications down the road. Religious bodies could become reluctant to work with government bodies, she said. "I think it should give them pause." Judge Glaude did make a point yesterday of saying the Catholic Church itself was not under investigation. "The fact remains that this should not and cannot be looked upon as an investigation of the church, its doctrine or its beliefs," he said. The commissioner also announced yesterday the the alleged victims of abuse will be allowed to speak at the inquiry. A lawyer for one of the accused clergy members had asked that they not be included.
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