Even amid pandemic courage, abuse survivor's bravery stands out

By Jane Sims
LondFree Press
May 24, 2020

https://lfpress.com/opinion/columnists/column-even-amid-pandemic-courage-abuse-survivors-bravery-stands-out/

Flanked by photos of herself as a girl, Irene Deschenes held a press conference to announce that she has won a court challenge to re-open a civil suit against the Catholic Church that was originally settled in 2000. The photos behind her were taken by her abuser, Catholic priest Charles Sylvestre. Photo shot in Strathroy, Ont. on Thursday December 6, 2018. Photo by Derek Ruttan

We’ve witnessed extraordinary acts of courage during the pandemic, from everyone from front-line health-care workers and grocery store employees to vaccine hunters and contact tracers.

A decision this week from the Ontario Court of Appeal is a reminder that courage doesn’t only show up during global crises. Sometimes the bravest people are in the middle of long, slow slogs.

Childhood sexual abuse survivor Irene Deschenes is one of the bravest people I know.

Ontario’s highest court dismissed the Roman Catholic Diocese of London’s appeal of a motion allowing Deschenes to reopen her 20-year-old civil settlement for what happened to her in the 1970s at the hands of predator parish priest Charles Sylvestre.

“She’s remarkable,” said her lawyer, Loretta Merritt. “The strength and conviction she has shown for these 20 years is inspiring. Her perseverance in the face of tremendous adversity is remarkable. “

Deschenes, 58, has said before she won’t stop until she holds the church and others accountable for how it treats survivors of sexual abuse.

I’ve known Deschenes for a long time. In 2006, I began covering Sylvestre’s shocking, persistent abuse of little girls over four decades in London, Windsor, Sarnia, Chatham and Pain Court parishes.

That case shaped my career covering the justice system. Many of the women were about my age. I saw myself in their old school photos, shown in a Chatham courtroom, when they were victimized from ages nine to 14. They gave a moving narrative about the long-term damage from childhood sexual abuse.

Deschenes, who was abused from ages 10 to 12, first went to the church to complain in 1992 when she was a married 31-year-old mom. The priest heading diocese’s sexual abuse committee offered counselling.

Convinced the church didn’t believe her, Deschenes placed ads in London, Windsor and Chatham newspapers asking for memories of Sylvestre. Many responses recalled him fondly, but a significant number were women who’d been abused just like her.

One joined her in a civil action. The church denied knowing about Sylvestre’s activities and made a thorough check of its files. Without proof of prior knowledge, Deschenes settled in 2000 for $100,000.

But in 2004, the diocese agreed to drop the settlement’s confidentiality clause. That gave Deschenes the opening to take her box of letters to the Chatham police and file a criminal complaint.

Without Deschenes, there wouldn’t have been 47 guilty pleas to indecent assault and a three-year sentence for Sylvestre, 84, who died in prison in 2007. More women came forward and 78 civil suits were filed against the church. Only one went to trial.

Two months after the sentencing, the diocese made an astonishing discovery. Buried in the back of an accounting file cabinet was a 1962 Sarnia police report in which three girls reported sexual assaults by Sylvestre. There were no charges, and the report was forwarded to Bishop John Cody, who died suddenly in 1963. Sylvestre was sent to Quebec on a leave.

That was the proof. Deschenes applied to reopen her case in 2008. Ten years later, a London judge decided what the bishop knew, even if he didn’t tell anyone, is what the diocese knew.

The Appeal Court found no error in Superior Court Justice David Aston’s assessment.

The diocese has until Aug. 19 to seek leave to appeal to the Supreme Court of Canada . A statement released Friday suggests it’s thinking about it.

“The Diocese of London is disappointed with the decision of the Court of Appeal. We are looking at our next steps,” the statement said.

Allowing the case to reopen could have far-reaching implications for the church and other civil cases. “For a court to set aside a 12-year settlement, I’ve never heard of that happening,” Merritt said.

Deschenes, who has paid a personal cost for her fight, is staying patient and steadfast. I talked to her Thursday and she politely declined to comment.

But she said that once this is over, we’ll talk.

We joked we might be old ladies in rocking chairs by then, but a promise is a promise.