Miriam Pinkesz  |  November 25, 2020

Category: Legal News

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St Joseph's Oratory now included in class action

An over a decade-long sexual assault saga can finally be heard in court. The 2013 class action lawsuit was authorized by the Superior Court of Québec on Oct. 30, 2020. The class action lawsuit was brought by victims of sexual abuse allegedly committed by members of La Province canadienne de la Congrégation de Sainte-Croix, of the former canonical province La Province Canadienne des Pères de Sainte-Croix and of the former canonical province La Province Canadienne des Frères de Sainte-Croix.

Supreme Court Hears Congrégation de Sainte-Croix Class Action Lawsuit

In 2019, the Supreme Court of Canada upheld a Quebec Court of Appeal ruling allowing the lawsuit to proceed against Montreal’s St. Joseph’s Oratory and the Congrégation de Sainte-Croix for alleged sexual abuse.

The oratory was included in the class action lawsuit amid allegations that some of the abuse by members of the congregation occurred in the landmark church.

The plaintiff, identified as J.J., served as an altar boy and is one of five alleged victims listed in the class action lawsuit who say they were assaulted at the oratory.

The sexual assault class action lists 41 victims who were allegedly abused by close to 30 members of the congregation over a period of over 40 years.

In 2013, the Congrégation de Sainte-Croix apologized and paid up to $18 million in an out-of-court settlement to compensate 206 victims for abuse that occurred at supreme court of canada hear Congrégation de Sainte-Croix sexual abuse case three Quebec institutions, not including the oratory.

Robert Kugler, one of the lawyers representing the victims said the Supreme Court’s ruling “will facilitate access to justice for thousands of victims of sexual abuse. The Supreme Court has sent a clear message to people who were abused decades ago that they are able and encouraged to seek justice from the Courts for the terrible harms they have suffered.”

In fact, in an exclusive interview with Top Class Action, Kugler expressed that class action lawsuits are “tailor made” for sexual assault cases. Passionate about access to justice, he explains that over the past 20-some years, the legal community has come to learn that victims of sexual assault do not have a “practical access to justice” because they fear coming forward.

Second Class Action Lawsuit Against Congrégation de Sainte-Croix

This is the second class action to be launched against the congregation, seeking to compensate dozens more victims who have come forward for this second action.

Lawyer Alain Arsenault, who had also led the first action, fought to have the oratory included in the action: “The principle is that there are people who have been victims of sexual assault at the oratory, by employees of the oratory, also members of the Congrégation de Sainte-Croix,” he said in a telephone interview with La Presse.

“If the Congrégation de Sainte-Croix maintains their attitude until now, they will want to drag this out for a long, long, long time until the last victim is exhausted,” said Sébastien Richard, who spoke on behalf of the victims.

The man who initiated this action was allegedly sexually assaulted over 60 years ago by two religious members of the Congregation: Brother Soumis and Father Bernard, both deceased.

The priest reportedly assaulted him at St. Joseph’s Oratory, where J.J. was serving as an altar boy, whereas Brother Soumis, a teacher, attacked him at Notre-Dame des Neiges school, which he attended for two years.

Sexual Assault Survivors Launch Class Action Lawsuits

In recent months, a string of class action lawsuits have been filed before Canadian courts across the nation by survivors of sexual abuse.

Many of the cases involve abuse that occurred decades ago, often by clergy, and mostly against young boys in schools or youth jails. For example, a group of men came forward alleging Anglican priest Gordon Dominey sexually assaulted them in the 1980s, when they were teen inmates at an Edmonton youth jail.

The group of men joined forces after learning their aggressor, Dominey, was to go to trial on 33 charges related to alleged sexual offences against 13 teen inmates at the Edmonton Youth Development Centre.

Another class action lawsuit was launched in Vancouver against the Catholic Archdiocese of the province over allegations that the religious order was covering up decades of systemic sexual abuse by silencing survivors.

If you do not wish to be a Class Member in the class action lawsuit against the Congrégation de Sainte-Croix , you must send a notice to the Superior Court of Montreal no later than Jan. 20, 2021.

Were you or someone you know a victim of sexual assault by a religious order? What do you think about the class action against the Congrégation de Sainte-Croix? Share you story with us in the comments below!

Class Members are represented by Arsenault Dufresne Wee Avocats and Gilles Gareau Avocat.

The Class Action Lawsuit Against the Congrégation de Sainte-Croix is J.J. v. La Province canadienne de la Congrégation de Ste-Croix et l’Oratoire Saint-Joseph du Mont-Royal, Case No. 500-06-000673-133, Before the Superior Court of Québec, District of Montreal, Canada.

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