Priest loses bid to keep name private

Cornwall Standard Freeholder
18 November 2006

Terri Saunders

Local News - A city priest has lost his bid to keep his name private at the Cornwall Public Inquiry.

Lawyers for Rev. Charles MacDonald had argued their client would suffer harm if the public were to hear abuse allegations against him which have never been proven in court.

In a decision delivered Friday afternoon, Comm. Normand Glaude said MacDonald has been publicly associated with child sexual abuse investigations and subsequent court proceedings for a long time.

"I cannot unscramble an egg that was scrambled many years ago," said Glaude.

"The prejudice to Father MacDonald as a result of publicity is largely already done."

MacDonald was first charged by the Ontario Provincial Police's Project Truth investigators in 1994 with several sex-related crimes involving a number of complainants.

In May 2002, the charges were stayed after a judge determined it had taken too long to bring the charges to trial.

"While Father MacDonald is not the focus of this inquiry, he is a central figure in the events which led to its creation," Glaude said, "and he has been publicly associated to the issues surrounding the inquiry for many years."

As part of submissions on the motion, MacDonald, 73, provided the commission with an affidavit outlining the troubles he's faced in the past several years since the allegations against him were made public.

He detailed the financial, emotional, professional and physical impact the charges and court proceedings have had on him.

"I do not doubt that the criminal processes may have been very stressful and difficult for him," said Glaude.

"On the other hand, no medical evidence was adduced about any further medical impact that the current proceedings may have on him."

In arguing against the motion, lawyers for Citizens for Community Renewal (CCR) said allowing MacDonald's name to be protected by a publication ban would turn the inquiry into a "charade" and would make people associated with the inquiry a "laughing stock."

"Counsel for (CCR) submitted that it would be an affront to the people of Cornwall if the identity of Father MacDonald in connection with the proceedings of this inquiry was kept confidential," Glaude said.

"I agree with that submission."

Glaude said he has never had any intention of delivering any verdict of guilt or innocence related to any allegations of abuse he may hear against an individual, including the priest.

"Contrary to the criminal proceedings involving Father MacDonald, this inquiry is not about him,, nor is it about his guilt or innocence,"

Glaude said.

"Father MacDonald is presumed innocent and I am not going to revisit that."

Glaude said the focus of the inquiry is the institutional response to allegations of historical abuse made against a number of individuals and MacDonald happens to be one of those individuals.

"I will not make findings of misconduct against him in relation to the allegations that were the subject matter of the criminal charges," Glaude said.

"Father MacDonald should rest assured that he has been and will continue to be treated fairly by this commission, consistent with his presumption of innocence."

Giuseppe Cipriano, one of MacDonald's attorneys, said he's uncertain at this point whether he will seek an appeal of the ruling.

"We will be looking at the reasons and consider whether or not to seek a judicial review of this decision," said Cipriano.

"Our argument is that we shouldn't scramble the egg any further," Cipriano said.