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  Lawyer Expects More Sex Abuse Victims to Join Class Action

By Nancy King
Cape Breton Post
June 25, 2008

http://www.capebretonpost.com/index.cfm?sid=147285&sc=145

SYDNEY —The lawyer who filed a class action lawsuit against the Diocese of Antigonish says he's been contacted by a number of people saying they're survivors of sexual abuse by priests and he knows there are others out there.

John McKiggan filed the lawsuit Tuesday on behalf of Ronald Martin, a native of New Waterford. Martin's brother, David, killed himself in 2002, leaving behind a suicide note which led to charges of sex crimes against former priest Hugh Vincent MacDonald. Ronald Martin says he also endured abuse from MacDonald.

The former priest was facing 27 charges when he died in 2004.

The class action claims the diocese failed to protect the children in its care when it became aware of the abuse, and also names the Roman Catholic Church and a church official. The suit, which contains allegations not yet proven in court and was filed under Nova Scotia's new Class Proceedings Act, involves claims that MacDonald and several other priests sexually abused children in their care between 1962 and 2008.

The next step in the process will be a certification hearing — to take place within four months or whatever date the court determines — where the court will have to consider whether there is a group with similar interests that has a common claim and the court will decide whether it can be brought forward as a class action, McKiggan said.

"If the claim is certified, it's going to be certified on behalf of all of the survivors," he said. "The claim is on behalf of all of the survivors, anyone who was sexually abused by a priest in the Cape Breton diocese."

If certified, it would then proceed to trial as any other lawsuit.

In a news release Wednesday, Bishop Raymond Lahey said the diocese remains committed to helping "all genuine victims of sexual abuse."

"The Diocese of Antigonish acknowledges that sexual abuse did occur with certain priests, some of whom have already been criminally convicted and punished for such horrific crimes," Lahey said. "The victims deserve a fair hearing and fair treatment, and they must be treated with respect and with dignity. While we must sort through the complexities of this new class action litigation, we are committed to providing compassion, compensation and counselling to these victims. As well, in consultation with them, we hope to structure a service of reconciliation and healing, where we can deliver a formal apology to the victims and their families."

The release also indicated the diocese is still offering a less adversarial settlement process.

Diocese lawyer Bruce MacIntosh said the alternate process has dealt with a number of complaints over the past few years, several of which have been settled, although he declined to say how many. He noted Lahey went through a similar process when he served in Newfoundland.

"His experience was that the conventional adversarial process was not always the most effective way, so for those claimants who are interested in an alternative to the conventional litigation process, he's instructed us to make available other mechanisms and that's largely been either an offer of mediation or if the claimant prefers, an offer of binding arbitration," MacIntosh said.

McKiggan said to his knowledge there has been no alternative offered by the diocese, adding he's been representing people who say they're survivors of abuse by priests for several years.

MacIntosh wouldn't respond to McKiggan's comment, saying he didn't want to quarrel with him in the media.

Three men who have served as priests in the diocese have been convicted of sexual offences.

Contact: nking@cbpost.com

 
 

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