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  N.S. University Chancellor Named in Catholic Sex Abuse Lawsuit
Bishop Raymond Lahey Was Not in Office at the Time of the Alleged Abuse

By Danielle Webb
The Muse
July 10, 2008

http://www.themuse.ca/view.php?aid=41215

ANTIGONISH (CUP) – A Nova Scotia university chancellor has been named in a class-action lawsuit involving the sexual misconduct of Catholic priests.

Ronald Martin, a resident of Sydney, NS launched the lawsuit on behalf of people who claim they were sexually abused at the hands of a priest as a child. Martin's brother David committed suicide in 2002, leaving behind a note claiming a priest in nearby New

Waterford sexually assaulted him as a child.

The lawsuit, launched on June 24, alleges that the Roman Catholic Diocese of Antigonish, including the office of the bishop, which is currently staffed by St. Francis Xavier University Chancellor Raymond Lahey, kept cases of sexual abuse involving priests a secret and failed to warn or protect the diocese's children.

"In the last twenty years, there have been numerous documented cases throughout North America of sexual abuse by priests. When survivors finally have the courage to come forward and bring the matters to court, many of these cases have uncovered evidence that persons in authority within the church hierarchy knew of the abuse and either ignored it or took steps to cover it up," said Martin's lawyer, John McKiggan.

McKiggan hopes that the lawsuit will determine whether or not this is just coincidence or the institutional response of the Catholic Church.

Three priests in the diocese have already been convicted of sexually abusing children during the 1960s and 1970s. Charges were laid against a fourth priest, Hugh Vincent MacDonald, but he passed away in 2004 before the case was heard in court. MacDonald was facing 27 charges at the time of his death.

The diocese is offering a variety of settlement options to victims, while focusing on what is fair, balanced, and respectful, says Bruce MacIntosh, a lawyer representing the diocese.

Indeed, the Bishop has acknowledged the priests' crimes.

"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," said Raymond Lahey, Bishop of Antigonish, in a statement issued June 25.

"We are committed to providing compassion, compensation and counseling to these victims‚ and we hope to structure a service of reconciliation and healing," said Lahey.

The lawsuit is claiming past damages for its members, alleging that the diocese kept cases of sexual abuse secret, citing a 1962 statement from Pope John XXIII instructing bishops in the Church to keep allegations of sexual abuse against priests a secret or they could face excommunication.

The claim also alleges that in 2001, then Cardinal Joseph Ratzinger, currently Pope Benedict, issued further instruction that the 1962 policy was still in force.

Because of the past policies, though, the office of the bishop is still named in the lawsuit, despite the fact that Lahey was not the bishop when the alleged cover-ups took place.

Martin has rejected the offers for settlement from the diocese and opted to pursue the matter in court.

"Mr. Martin feels that the only way to create a process that is fair to all the parties is through a class action, so that the court will be able to approve any process to ensure that it is fair and reasonable," said McKiggan.

"Mr. Martin wants a compensation process that will provide fair compensation to any person who was sexually abused by a priest from the Antigonish Diocese. He also wants a recognition of the responsibility that the diocese played in allowing the sexual abuse to happen," he continued.

The lawsuit is the first to be launched under Nova Scotia's new Class Proceedings Act, a procedure that allows a large group of people with a common claim to bring it before the courts with one person acting as the lead plaintiff. Members do not have to sue individually or go to court, explained McKiggan.

"The class action will not be easy and will be procedurally complicated and involves cutting some new ground, but [the diocese] is respectful of those who wish to use this option," said MacIntosh.

Matt MacGillivray, students' union president at St. Francis Xavier University, hopes that the lawsuit will not affect the University and is committed to "keeping the welfare of the student community as [the] top priority."

St. Francis Xavier University senior administration refused to comment on the lawsuit.

The office of bishop has historically been linked to St. Francis Xavier University, with the current bishop always serving as chancellor of the university.

 
 

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