Miriam Pinkesz  |  August 28, 2020

Category: Legal News

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Quebec lawyers reading civil code of Québec amendments on sexual assault statute of limitations

As Quebeckers usher in a historic new bill abolishing previous time limitations for sexual assault, victims of abuse dating back decades are finally making their voices heard in several abuse class action lawsuits. Aside from abolishing the statute of limitations for introducing a civil claim for abuse, Bill 55 updates the Civil Code of Québec in a few important ways, all of which, we explain right here.

No More Time Limits for Abuse

Quebec’s statute of limitations for abuse was three years until 2013, when the PQ government raised the limit to 30 years.

Introduced on June 4 and unanimously passed on June 12, Bill 55 is mindful of the fact that older people can take decades to identify a childhood trauma, such as the countless Quebec victims of sexual abuse by clergy. The Bill offers older and younger victims a “free pass” to denounce their attacker and seek justice in court.

The Civil Code amendments were described as “historic” by Quebec Justice Minister Sonia LeBel. It is “a small bill in terms of the number of its clauses, but oh how big, immense in its effects,” she observed, stating that sexual assault crimes “touch the souls” of people.

In the case of childhood abuse, numerous studies and media reports have shown that it can be difficult for the victim to remember traumatic events from long ago. It may also take decades for victims to find the strength to confront an abuser in court.

Quebec Sexual Assault Class Action Lawsuits Launched

Several Quebec class action lawsuits have been launched since the June statute of limitations amendments.

One week ago, two alleged victims of sexual abuse by priests in the 1950s and 1960s filed a class action lawsuit against the Diocese of Quebec. The Quebec sexual abuse class action lawsuit covers abuse charges that have allegedly taken place well after the province’s previous 30-year limitation.

One of the lead plaintiffs in the Quebec sexual abuse class action lawsuit denounced his alleged attacker, Father Jean-Marie Bégin, a decade ago. However, the statute of limitations prevented him from instituting a class action lawsuit, because the abuse occurred so long ago.

On Aug. 6, 2020, the Superior Court of Québec authorized a class action lawsuit against Montreal’s Grey Nuns religious order. The recent authorization comes as a triumph to victims of the orphanage, who suffered physical and sexual abuse at the institution that dates back decades.

Following a 270 victim sexual abuse class action lawsuit against the Clercs de Saint-Viateur du Canada, five elderly members of the Catholic teaching order, were arrested in June by Quebec provincial police over child sexual abuse allegations and criminal charges.

group of elderly people involved in abuse class actionThe men, whose ages range from 78 to 88, were reportedly arrested in Joliette and face more than 30 charges, including charges of gross indecency, indecent assault and sexual assault.

The alleged sexual assault crimes occurred from 1961 to 1989 while the men worked as educators in the Montérégie, Bas-Saint-Laurent, Gaspé and Laurentians regions.

Sexual Assault Statute of Limitations Explained

One of the major changes introduced by Bill 55 is the imprescriptible of actions for damages for bodily injury resulting from sexual aggression, violent behaviour suffered during childhood, or violence of a spouse or former spouse. This amendment applies to the aforementioned actions where the abuse could also constitute a criminal offence. As such, Bill 55 establishes three criteria to bring a claim that is not subject to a time limit:

  • The victim must bring a civil claim for damages;
  • The claim must be for bodily injury resulting from sexual aggression, violent behaviour suffered during childhood, or violence of a spouse or former spouse; and
  • The actions of the aggressor must also be prohibited under the Criminal Code.

The Quebec sexual abuse class action lawsuit against the Diocese of Quebec meets all three requirements. The action alleges sexual abuse suffered during childhood. Additionally, the plaintiffs in the case are bringing a civil claim for damages for behaviour which is prohibited by the Canadian Criminal Code, namely, sexual assault.

It is important to distinguish civil claims from criminal ones. The Civil Code of Québec regulates civil actions. This means that Bill 55’s amendments do not cover criminal charges, for which victims do not receive damages. In a criminal case, which is governed by federal law, the Crown prosecutes an accused under a public-law statute, such as the Criminal Code. Under the Criminal Code of Canada, there is no time limit on criminal charges for sexual assault.

Civil actions, on the other hand, are regulated provincially, and typically seek damages (money) from the defendant.

The next important amendment involves the reinstitution of civil actions for abuse that were dismissed before June 12 solely on the grounds of prescription. Where a case was dismissed due to the previous statute of limitations, the case may be reinstituted before a court within three years after the dismissal where:

  • The action is for damages for bodily injury resulting from an act which could constitute a criminal offence;
  • The injury results from a sexual aggression, violent behaviour suffered during childhood, or the violent behaviour of a spouse or former spouse; and
  • The action is not otherwise prescribed under the second paragraph of article 2926.1.

This last criteria introduces the next amendment: Legal action for damages for bodily injury resulting from any of the above mentioned acts, directed against an heir, a legatee or a successor of the alleged aggressor or against the liquidator of the aggressor’s succession, must be instituted within three years after the aggressor’s death. This means that where the aggressor has died, plaintiffs can seek damages from the heir, legatee, successor or liquidator of the aggressor within three years of the death.

However, there is an exception to this rule. Where the defendant, such as the heir or legatee of the aggressor, is liable for the abuse, the three-year prescription period does not apply. Such an instance can take place where a religious organization is being sued, such as Montreal’s Grey Nuns religious order. Organizations are held responsible for their own actions or omissions as well as the actions of those they employ. In the Grey Nuns class action lawsuit, the organization was alleged to be liable under two counts, both of which are not bound by a three year prescription period, because they impute fault onto the defendant organization:

  • Direct liability: The organization should have established measures to protect children from abuse, as the organization knew or should have known about the abuses; and
  • Vicarious liability: The organization is liable on account of the actions of its personnel.

This second criteria refers to the legal notion of “vicarious liability,” which refers to liability that a supervisory party, such as an employer, bears for the unlawful conduct of a subordinate, such as an employee.

Likewise, the Civil Code amendments require that an action brought for injury suffered by the victim must be instituted within three years after the victim’s death.

The Act establishes certain rules concerning apologies, including that an apology may not constitute an admission, and cannot be admitted into evidence against the aggressor.

Bill 55: A Step Forward For Quebec

Bill 55 was welcomed as a step forward for Quebec, but the province’s Commission des droits de la personne et des droits de la jeunesse stressed that the Civil Code sexual assault amendments are not the be-all and end-all in terms of human rights protections for victims of abuse. According to the Commission, it is necessary to accompany these amendments with measures to raise awareness and educate people about their rights.

“The Commission considers it essential to recognize that acts of sexual and conjugal violence constitute serious infringements of several rights of persons who suffer them both as children and as adults,” the Commission said in a hearing concerning Bill 55 on June 10. The rights referred to include the right to safety and integrity, the right to preserve one’s dignity and the right to equality, all of which are protected by the Quebec Charter of Human Rights and Freedoms.

According to the Commission, children remain among the “main victims” of sexual assault as well as women, “86.8 % of whom continue to be the primary targets of sexual assault.”

During the hearing, the Commission highlighted that although the amendments are positive, they do not remove the numerous impediments to women’s quest for justice, especially the many obstacles that women of certain groups face: “This is the case for young women, Aboriginal women, racialized women, lesbian women, bisexual women, trans women, and women with disabilities.”

Civil Liability for Sexual Assault in Quebec

Since Quebec moved to abolish the statute of limitations on civil actions for sexual assault, Prince Edward Island is now the only Canadian province with a statute of limitations on civil proceedings for such abuse.

Article 10 of the Civil Code of Québec, which is a key basis for bringing a civil suite for assault, provides that every person is “inviolable and entitled to the integrity of his person. Except in cases provided for by law, no one may interfere with his person without his free and enlightened consent.”

According to the Civil Code, civil liability can be established in an instance of sexual abuse. Quebec’s civil liability framework creates an individual duty to abide by rules of conduct so as to not cause injury to others and to make reparation for any material, physical or moral injury caused by an individual’s failure to abide by those rules of conduct.

Consequently, any person who has suffered physical or psychological injury of a criminal or civil nature may apply to the court to be indemnified. In so doing, a survivor institutes an action in civil liability, which is generally aimed at obtaining an indemnity.

Are the Civil Code amendments on sexual assault time limitations enough? Share your thoughts with us in the comments below! 

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2 thoughts onQuebec Abolishes Sexual Assault Statue of Limitations

  1. Cathy says:

    YMCA IN Montreal QC, female teacher did sexual acts in daycare. Police thought she was telling the truth.
    McGill sexual trauma unit said yes, rectum was affected.
    Daughter wanted to give names of others. A sergeant warned me I would be arrested,
    Magistrate wrote, ” she was imitating me being Raped .
    I WAS NEVER RAPED.
    Had to Resocialize child in playgroups several times a week.
    Therapy…
    Registered with Batshaw.
    Daughter is 20 now.
    Soon after put daughter in Foster home
    Filed Hague treaty took 7 months to get her out. Had to pay monthly fee. Hate their gutz.

  2. Catherine B Hamon says:

    YMCA IN Montreal QC, female teacher did sexual acts in daycare. Police thought she was telling the truth.
    McGill sexual trauma unit said yes, rectum was affected.
    Daughter wanted to give names of others. A sergeant warned me I would be arrested,
    Magistrate wrote, ” she was imitating me being Raped .
    I WAS NEVER RAPED.
    Had to Resocialize child in playgroups several times a week.
    Therapy…
    Registered with Batshaw.
    Daughter is 20 now.
    Soon after put daughter in Foster home
    Filed Hague treaty took 7 months to get her out. Had to pay monthly fee. Hate their gutz.

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