Anne Bucher  |  June 24, 2020

Category: Legal News

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A blurred view from the back of a classroom regarding the teacher sexual abuse class action lawsuit allowed to move forward

A Nunavut judge will allow a class action lawsuit involving sexual abuse allegations of Inuit children by a teacher to proceed against the federal government and two territories.

The teacher sexual abuse class action lawsuit, which was filed on behalf of at least 50 former students of teacher Maurice Cloughley, names the Canadian federal government and the territories of Nunavut and the Northwest Territories as defendants.

Cloughley reportedly taught in several communities in Nunavut and the Northwest Territories between 1967 and 1981. In 1996, Cloughley was sentenced to 10 years in prison after pleading guilty to nine charges of sexual abuse. He was initially charged with 22 counts of sexual abuse.

Thirty-seven of Maurice’s former students sued the governments of Nunavut and the Northwest Territories in 2008. In 2016, three of the plaintiffs sought to certify a civil class action lawsuit “seeking damages on behalf of all of Mr. Cloughley’s victims or their estates,” the judge’s order states.

Because Nunavut does not have legislation governing class action litigation, it is necessary to file an application to the court seeking permission to pursue a class action lawsuit.

Justice Paul Bychok heard the application for the teacher sexual abuse class action lawsuit in February. In his June 15 decision on the matter, he wrote that there were three issues he had to consider before deciding the teacher sexual abuse class action lawsuit could move forward.

For the first issue, Justice Bychok determined the pleadings had established “a clearly defined class of potential plaintiffs–former students who were sexually abused by Mr. Cloughley.” He also found that a class action lawsuit “may have a beneficial educational impact” and would allow the court “to allocate resources more efficiently than several independent actions.”

The second issue Justice Bychok had to consider was whether the teacher sexual abuse class action lawsuit raises a “legitimate and arguable question” about whether the defendants owed the plaintiffs a fiduciary duty of care.

“I take judicial notice that Mr. Cloughley arrived here very shortly after the Inuit were forced off the land by the authorities and made to live in artificial and newly created remote settlements,” Justice Bychok wrote.

Sad child with backback sitting on stairs regarding the teacher sexual abuse class action lawsuit allowed to move forward“It is a fact that the authorities undertook to and did establish and maintain localized health care, housing, schools and law and order in these newly created settlements,” he continued. “Henceforth, government exercised colonial power over the Inuit and enforced it, in part, by armed authority.”

“The authorities placed Mr. Cloughley in a position of real authority and power over his young Inuit charges,” Justice Bychok noted. “These Inuit children were extremely vulnerable by the very essence and structure of this student-teacher relationship. Mr. Cloughley abused his authority and power over these children.”

Justice Bychok concluded that the governments had a fiduciary relationship with the plaintiffs that was more than just speculative.

“To put it another way, it is not plain and obvious to me that the plaintiffs’ fiduciary duty claim will fail at trial,” he wrote.

For the third issue, Justice Bychok concluded that notice of the teacher sexual abuse class action lawsuit should be posted in homeless shelters in Ottawa, Edmonton, Montreal, and Winnipeg because many Inuit are experiencing homelessness in Canada.

“There are many reasons why people find themselves homeless, including mental health issues and ongoing trauma from childhood sexual abuse,” Justice Bychok wrote. “I am concerned lest any of Mr. Cloughley’s victims find themselves in that circumstance.”

What do you think about this teacher sexual abuse class action lawsuit moving forward? Tell us your thoughts in the comment section below! 

The plaintiffs are represented by S. Cooper, L. Moore, A. Regal and M. Grzybowska.

The Teacher Sexual Abuse Class Action Lawsuit is RPC1, et al. v. the Attorney General of Canada, et al., Case No. 08-16-772, in the Nunavut Court of Justice, Canada.

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