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  Diocese Lawyer Wants to Explain Settlement

Toronto Sun
October 9, 2009

http://www.torontosun.com/news/canada/2009/10/09/11358801.html

HALIFAX — A lawyer for an embattled Roman Catholic diocese in Nova Scotia said Friday he’d like to meet with alleged victims of sexual assault by its priests to clear up any confusion surrounding a landmark class-action settlement.

Bruce MacIntosh, representing the diocese of Antigonish, said some appear to misunderstand exactly what the $15-million agreement can achieve for people who claim they were abused by priests decades ago.

“I believe clearly that there is some confusion,” MacIntosh said from his office in New Glasgow, N.S.

“I would hope that everyone takes a deep breath and takes some time to make sure everyone understands the settlement agreement and makes an informed decision.”

His comments came a day after Philip Latimer announced a separate lawsuit against the diocese of Antigonish and the archdiocese of Halifax for abuse he allegedly suffered, beginning when he was an 11-year-old altar boy.

Latimer claims in the $2-million suit that Rev. Allan MacDonald repeatedly molested him over four years while MacDonald was a priest in Havre Boucher, N.S.

Latimer, a 47-year-old welder from Cape Breton, said he was opting out of the class-action settlement because he wants to force the Roman Catholic Church to be held to account in an open courtroom.

Latimer and his team of lawyers from London, Ont., argue that the class-action process shields the church from public scrutiny because the disclosure of evidence will take place behind closed doors.

But MacIntosh insisted the settlement process will provide the same airing of facts and disclosure.

“We’re going to invite him to sit down and talk to us and he might be surprised to hear the types of answers that can be provided to him without legal process,” he said.

Aaron Lealess, a lawyer representing Latimer, said he hadn’t heard from MacIntosh but is willing to talk to him about the process.

However, he restated his belief that the settlement process would only provide a disclosure of documentary evidence rather than an opportunity to question church officials and others.

“I know the settlement gives documentary disclosure, but that’s a very small piece of the overall story,” Lealess said. “Much more information comes out in a public trial than what happens with documentary evidence at a civil lawsuit.”

The settlement, certified by a Nova Scotia Supreme Court judge, is intended to compensate anyone who was allegedly and known to have been sexually assaulted by a priest of the Catholic Episcopal Corp. of Antigonish since Jan. 1, 1950.

MacIntosh refused to discuss the particular allegations in Latimer’s suit.

Latimer said he was motivated to break his long silence when he learned that the clergyman who brokered the settlement, Bishop Raymond Lahey, was charged Sept. 25 with importing and possessing child pornography in Ottawa.

Lahey, who resigned as bishop of the Antigonish diocese before the charges became public, is to appear in an Ottawa court on Nov. 4.

Neither the allegations contained in the lawsuit nor those against Lahey have been proven in court.

“It would be difficult for the diocese to respond to both multiple private lawsuits and the settlement,” he said.

 
 

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