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The Archdiocese of St. John’s is turning to the Supreme Court of Canada to seek an appeal in a watershed ruling that holds the Catholic Church accountable for millions of sexual and physical abuse lawsuits.
The Court ruled that the Catholic Church was responsible for creating an environment where boys endured extensive physical and sexual abuse from the Christian Brothers of Ireland in Mount Cashel Orphanage in St. John’s. While the Brothers were not employees of the archdiocese, the Court of Appeal ruled the Catholic Church allowed them to abuse children for decades and not face repercussions.
The Catholic Church Appeals Liability for Mount Cashel Abuse
On Sept. 23, 2020, the archdiocese’s lawyer wanted to have the appeal case heard by the Court.
According to CBC News, Archbishop Peter Hundt wrote the following in a news release, “This decision to appeal to the Supreme Court of Canada was not made lightly.”
He added, “As this ruling will set a legal precedent that will likely have profound implications for not only the future operations of the archdiocese, but for the operations of other episcopal corporations, charities and organizations, it is imperative that a clear understanding and ruling of the application of this law be obtained.”
The Mount Cashel Orphanage abuse lawsuit was thrown out initially by a superior court judge in Newfoundland and Labrador. It was first ruled that the Catholic Church was not liable for the abuse that occurred at Mount Cashel Orphanage.
This class action lawsuit Canada is notable in that it could set an example for legal actions that follow it because the Catholic Church was found liable for abuses carried out in an organization not officially owned by the Church.
“The archdiocese exercised its authority over the Brothers and the orphanage in many ways, but it also provided the Brothers staffing Mount Cashel with the power, environment, and tools to carry out their wrongdoing virtually undetected, while they were supposed to be carrying out the archdiocese’s legitimate objectives of caring for and educating the appellants,” the Court decision reads, as reported by CBC News.
For now, it is uncertain whether the Catholic Church’s appeal will be heard in the Supreme Court of Canada.
Decades of Abuse Suffered at Mount Cashel Orphanage
It is unknown just how many boys endured abuse over the decades but charges have been brought on members of the Christian Brothers of Ireland going back to the 1940s ‘50s, and ‘60s. Nine members of the Brothers were pinpointed in the Mount Cashel abuse cases. Dozens of lawsuits against the now-bankrupt organization. Many victims that suffered abuse at Mount Cashel were never paid the full amount of the damages they were owed.
Four of the oldest abuse victims who were allegedly abused in the ‘40s and ‘50s successfully sued the Christian Brothers. The victims, psychologists, and economists testified at trial about how the physical and sexual abuse they experienced as children impacted them into adulthood. According to the victims’ lawyer, some fulfilled successful lives but they were always plagued by thoughts of how their lives would have been if they have not been sexually abused.
The Catholic Church has been no stranger to sexual and physical abuse allegations over the years. There have been countless allegations over several decades claiming that children have been abused at the hands of religious figures and it has spawned numerous class action lawsuits in Canada and around the world. One class action lawsuit alleges the Catholic Church knew about systemic abuse and hid the misconduct and suppressed victims from coming forward.
The Catholic Church May be Liable for Millions in Damages
The victims only received small amounts of the damages they were due when the organization filed bankruptcy. The most damages due to a Mount Cashel sexual abuse victim is over $1.9 million, and so far, just over $70,000 has reportedly been paid by the Brothers.
The victims want the archdiocese to pay the rest of the damages due. When the 2018 ruling said the archdiocese was not liable for the Mount Cashel abuse, the victims appealed and won.
Lawyer Geoff Budden believes the archdiocese is now responsible for the millions in unpaid damages if they do not appeal.
Budden responded, “It would be really speculating on my part to say, but if these four received a total award of approximately $2 million and there’s over 60 claimants, we’re certainly talking about a substantial amount of money.”
The Roman Catholic Episcopal Corporation of St. John’s has not had to pay interest on the owed damages. According to the appeals court, the Catholic Church will not have to pay interest but may be responsible for paying the rest of the damages.
A trial judge determined that the damages due to the Mount Cashel abuse victims are over $2.6 million, but it is not clear how much of the money is interest that will not be paid.
What do you think about the possible Catholic Church appeal over the sexual and physical abuse lawsuits? Tell us your thoughts in the comment section below!
The plaintiffs are represented by Geoff Budden at Budden & Associates.
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