Pointing a Canon at the Catholic Church: How Civil Suits Against Pedophile Priests are Handled in Canada

CANADA
Forget the Box

December 11, 2017

By Samantha Gold

Quebec has a love-hate relationship with its Catholic heritage. The province began as a settlement ripped from First Nations by Catholic France before the British took the colony. Quebec owes its first schools, public records, and health care and social welfare facilities to the Catholic Church who set them up at time when secular governments stayed out of them.

During the Duplessis era from the mid 1940s to late 1950s, the Church cooperated with the near dictatorial government to try and keep the people of Quebec obedient and unquestioning of authority. The Quiet Revolution that followed emptied the churches as French Canadians embraced women’s liberation, free sex, and the right to question even the Pope.

Though the province now claims to be aggressively secular (see Bill 62), it is determined to hold on to Catholic symbols such as the crucifix in the National Assembly and the tacky cross currently adorning Mount Royal in the name of glorifying a heritage that credits Quebec society solely – and incorrectly – to its white, Catholic, French-speaking founders.

As any place with Catholic roots, Quebec is not immune to the scandals erupting from the sexual abuses of children carried out by priests, nuns, and friars working in the province’s many schools. At the end of November, The Quebec Court of Appeal approved a class action lawsuit by the victims of sexual abuse who are suing Montreal’s Saint Joseph’s Oratory and the Province Canadienne de la Congregation de Sainte-Croix for the molestation they endured while attending schools the defendants operated.

This article will look at how our legal system handles civil suits against religious authorities accused of participating in sexual abuse and the St Joseph’s case in a little more detail.

Courts in Canada are generally sympathetic to the young victims of sexual assault by Catholic clergy.

In 2004’s John Doe v. Bennett, the Supreme Court dismissed the appeal of the Roman Catholic Episcopal Corporation of St. George’s in Newfoundland who had been found liable for the sexual abuse of boys by a priest operating under their authority for two decades. Though provinces have their own civil laws, the principles of this case are similar to such civil suits in Quebec.

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