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Yr.

 

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29 Nov

95

Cornwall Standard Freeholder

(Sean Silicoff)

 Diocese

Malcolm MacDonald

Sean Adams

Jacques Leduc

Diocese

DS

"The Catholic Church and a local priest have sued their lawyers for their part in drafting up a settlement more than two years ago that paid a former Cornwall altar boy $32,000 in exchange for dropping all criminal and civil action against the priest."

- named in the claim are lawyers Malcolm MacDonald, Jacques Leduc and Sean Adams.  MacDonald represented the priest, Leduc the diocese and Adams "was retained by DS."

 - In a $2.7 million-plus lawsuit against the Church, the former priest and the three lawyers (filed after MacDonald was charged last spring), DS argues the original deal was void and illegal, paving the way for a civil claim.  AThe Church denies the $32,000 is void and illegal and has since launched a third party claim against Leduc, asking that he cover any damages awarded to DS as well as the Church's legal bills.  In its claim, the Church says Leduc was instructed to strike a deal with DS "in relation to civil claims only" and not criminal accusations.

 - Leduc: "In Leduc's statement of defence, he says MacDonald inserted a clause prohibiting criminal charges against the priest without notifying Leduc.  Leduc admits he failed to notice the final release 'incorrectly included a reference to criminal proceedings' but denied that such failure on his part renders him liable to the third party complainants.

    "The priest has also launched a third party claim against MacDonald and Adams.

   "The priest says that if the court finds the $32,000 settlement invalid and awards the multi-million dollar claim then MacDonald should be on the hook because the lawyer: should have known the clause stopping the criminal complaint would invalidate the $32,000 deal; drafted the release 'in a manner contrary to the interest's of the priest; and drafted a release that didn't entirely dispose of DS' claims."

 Malcolm M: "in his statement of defence, MacDonald says the negotiations were between DS and the Church and that he 'acted as a go-between' in the negotiations for the Church and Leduc while representing the priest.

   "MacDonald also 'denies that the release was drafted negligently' and says it was approved by Leduc, who 'approved as to its form and content' before it was delivered to Adams."

 Father Charles MacDonald: "also claims against Adams for not giving prior legal advice to him or DS.”

(previously MacDonald said that he had cleared everything through the Crown attorney's office: "There was never any attempt to cover anything up.")

- Adams: "counters in his defence by saying he 'explained fully to the plaintiff' his obligations, effect and consequences of signing the release.'"

 

29 Nov`

 

95

Freeholder

(Sean Silicoff)

 Nelson Barque

Ken Seguin

DS

 - lawsuit against Ontario government, Nelson Barque and Ken Seguin.  Seguin dead; Barque pleaded guilty three months ago to charges of indecent assault.  Barque assaulted victim who then complained to Seguin who also assaulted him.  Barque was under investigation in 1982 but no charges were ever laid.

 29 Nov

 95

Freeholder

(Sean Silicoff)

Constable Perry Dunlop

CBC-TV Fifth Estate

A program on Dunlop will air sometime in next few weeks

- Dunlop on stress leave since Jan 94

 07 Dec

95

 Freeholder

(Sean Silicoff)

 WR

J

A third man, “J” 38, stepped forward claiming he was sexually assaulted by the priest as an altar boy 20 years ago.  He gave a statement to police in Ottawa two weeks ago.  Last week launched lawsuit against priest and former Bishop Proulx (deceased)

 - J: said WR spoke to Cornwall police during their initial investigation in 93 "but he didn't want to do anything."

 - Discovery hearing for the three complainants, bishop and priest in Ottawa next week.

 07 Dec

95

 DOCUMENT

 Charles Harnick

(Attorney General)

- response to petititon, a letter stating that 07 December 95 the Divisional Court dismissed the appeal.

 08 Dec

 95

 Freeholder

 appeal

Constable Perry Dunlop

Richard Abell (CAS)

 

 "A panel of three judges has upheld a disciplinary hearing against Cornwall Police Const. Perry Dunlop.

  "In its ruling, the Divisional Court panel determined Dunlop was protected by the Child and Family Services (CFS) Act when he took a sexual abuse complaint to the Children's Aid Society instead of returning it to his superior officer more than two years ago."

 - 11-page ruling

 - court ordered the commission to pay for Dunlop's legal expenses which amount to $2,500.

- PCC could still appeal the ruling to the Ontario Court of Appeal.

- Justice Nicholas McRae: "'In my opinion, a prosecution under the Police Services Act is precisely the type of action intended to be prohibited' by the CFS Act.

   "The child protection legislation 'provides for protection to police (and other) professionals who are impressed with the duty to disclose abuse' even if the information is confidential or privileged, McCrae wrote on behalf of the other two judges.

   "'To treat the duty of disclosure as subject to orders of a superior officer would be contrary to the intention of (the CFS Act) and would defeat (its) paramount purpose."

- Abell: "Boy, those guys got it dead on." 

 08 Dec

95

 Freeholder

(Sean Silicoff)

 Divisional Court ruling

Constable Perry Dunlop

Helen Dunlop

 three Divisional Court  justices ruled Thursday that Dunlop did the right thing by taking the police statement of a sexual abuse complainant to the CAS.

Dunlop:  "It's just hard to get excited knowing it may continue on, and that it's gone on this far"

- Dunlop said he'd like to return to work but before that would have to discuss his future with his superiors: AI would like to think...that issues can be resolved and I can get back to doing the job that I was hired to do."

Helen Dunlop: "I'm elated today, but what's going to come tomorrow?"  "We've had a lot of letdowns (over the past two years) so it's a little soon to be swing from the eaves." 

- Helen Dunlop is frustrated her husband was unjustly targeted for following a 10-year old provincial law:   "The CAS work with police, not against them.  I don't know why there’s muddy water over this.  If toes were stepped on, all I have to say is, too bad.  You're an adult.  There's children involved here."

 09 Dec

 95

 Freeholder

 editorial

 Editorial says Ontario Police Complaints Commission should accept the ruling and not appeal.  "Meanwhile the complaint against Const. Dunlop related to two media interviews should also be dropped by the commission.  The complaint is, at best, ridiculous, especially in the wake of the divisional court ruling."

 09 Dec

 95

 Ottawa Citizen

(Mike Blanchfield)

"Whistle-blowing police officer vindicated"

 

 Dunlops

Chief Anthony Repa

Staff Sgt. Brendon Wells

- three Ontario judges "said in legalese what Dunlop knew in his heart - he did the right thing."

Dunlop: "I'd do it again in a heartbeat" 

- Chief Repa: wouldn't talk to Citizen on Friday.  He assigned Staff Sgt. Wells to do that.

Wells: "All I can say at this time, because it's still before the judicial system and the courts, the policy of the Cornwall police service is not to comment on any matter before the court system."  Asked in response if the judges had ruled, had they not? Wells replied: "Yes, and there is a period of a 30-day appeal."

09 Dec

95

Freeholder

(Sean Silicoff)

 Chief Tony Repa news release

Perry Dunlop

 Repa: recently hired Chief of Police, said in news release Perry Dunlop "is welcome to return to work at any time."

- Dunlop has been on paid stress leave since January 1994

11 Dec

95

 Cornwall Seaway News

(Bob Roth)

 payoffs ete

DS

Leduc

Malcolm MacDonald

Sean Adams

 "The ball of yarn is unravelling .fast.

 "A third alleged victim has now officially filed a compliant with police..."

 "The Catholic Church and the local priest involved in the allegations are now thrice denying their own lawyers."

"The former altar boy, known as  DS, has now sued the Church, the priest and the three lawyers for $2.7 million arguing the deal was void and illegal and he is therefore entitled to make a civil claim for compensation.

  "As a result, the Church, the priest and the lawyers are all scattering as if a live grenade has just been tossed into their fraternal foxhole.  In the true spirit of Christian brotherhood, everybody is blaming everybody else for this shameful, contemptible cover-up.

   "In Leduc's statement of defence regarding the civil action, he says lawyer MacDonald inserted the clause without notifying Leduc.

   "Leduc admits he didn't notice that final release 'incorrectly included a reference to criminal proceedings' - a sobering thought for those of us who believe that checking such things is precisely why one hires a lawyer.

   "MacDonald, naturally, contends that Leduc knew what was in the agreement and the latter 'approved as to content'

   "The Church is making a claim against Leduc asking him to cover any damages that might be awarded to DS, as well as the Church's legal bills.

   "The priest, in turn, is suing MacDonald and Adams over the same issue, arguing they didn't give proper legal advice.

   "We haven't seen this much hand-washing since the days of Pontius Pilate.

   "Not too much turning of the other cheek, eh?

   "I can hardly wait to hear the Bishop's message this year about truth, justice, brotherly love and family values."

 13 Dec

95

 Freeholder

(Sean Silicoff)

 Father Charles MacDonald/Fifth Estate

JM

 Father MacDonald  "says his accusers are money-hungry liars looking to pin their problems on somebody else."  "These allegations are fabricated and libellous, fuelled by a media against which one is unable to defend himself.  I emphatically state that I am not guilty of the allegations against me." 

-JM: says DS only ever wanted an apology and he himself only wanted help when he wrote to the Church last summer.  Says WR only came forward two years ago to say  DS’ story was true but didn't want to testify before the court.  He changed his mind and gave a statement to police last month. 

  - Regarding  Father MacDonald’s comment about their "insatiable desire for money" JM states:  "It's not even worthy of a comment."

 20 Dec

95

 Freeholder

(C Bowman)

 Police Complaints Commission

John Yoannou

 The Police Complains Commission has decided not to appeal the ruling.

Yoannou: lawyer for PCC "We feel there is no further public interest in pursuing the misconduct charges against Const. Dunlop."

 02 Dec 

95 

 Freeholder

"Group shows support for Beleaguered priest"

 

Father Charles MacDonalds’ support group

 Father MacDonald is getting support from a group of parishioners who believe he is innocent.  They're circulating a petition- they prefer to call it a "paper," asking people to sign.

 "'We're not trying to start a revolution...this isn't a popularity contest,' she says in a veiled reference to a recent petition in support of Const. Perry Dunlop, who faces possible disciplinary action after taking a complainant's statement against the priest to Children's Aid Society two years ago.  'We just felt Father needed to know we didn't believe (the allegations against him) and that we support him.  We simply want to show him he's been a friend to us over the years and we're returning the favour." 

- the group has garnered about 100 signatures to date.

  - a group of supporters is also raising money for Father MacDonald’s legal fees says Ellen Proux.  The group also paid for Father to go on a pilgrimage to Europe earlier this fall.  "That was a gift, that's all that was," says Proux

 25 Dec

95

 Seaway News

(Bob Roth)

 re petition to support Father Charles MacDonald

 former parishioners of Father MacDonald are circulating a petition protesting his innocence.

 - Roth:  "has the Church become a haven for paedophiles because they know they have friends in high places who will cover for them, pay off victims, and then shuffle them off to some nice 'treatment centre' retreat?  Every time a fresh incident surfaces, the Church issues another document or approves some new 'protocol' promising to clean up its act; but it turns out to be more public relations than human relations."

- Roth:  "What is needed is not a petition in defense of the priest, but a petition demanding an investigation into corruption within the Church itself."

 19 Jan

 96

Freeholder

 Malcolm MacDonald

 Malcolm MacDonald, age 65 is "calling it quits after more than 40 years of practice."

 - MacDonald:  "I want to enjoy my hard-earned retirement.  I want to do some travelling."

- MacDonald was born and raised in Cornwall "never married although he admits he came pretty close a couple of times to exchanging wedding vows." 

- MacDonald owns a cottage on Stanley Island.

 - MacDonald attended St. Columban's East School, Cornwall Collegiate, Queen's and then Osgoode Hall Law School in Toronto.

 - MacDonald was called to the Bar 1955 at age 25, the youngest graduate in his class.

 - MacDonald was involved in a number of organizations, like SD and G Highlanders, Cornwall Columbus Club, Cornwall and Area Housing Authority, and the Progressive Conservative Association.

- MacDonald was Grand Knight for Council 755 of KOC.

 27 Jan

96

 Freeholder

(S Silicoff)

 Det. Supt. Larry Edgar

(OPP Criminal Investigations Unit)

 police have completed their investigation into allegations of sexual abuse against an area priest and could decide whether to lay charges within weeks.

Edgar: "The brief is with the Crown Attorney who'll make recommendations to Edgar."

 - Investig. officer Tim Smith will make a determination on charges.

 27 Feb

96

 Freeholder

(S Silicoff)

 John MacDonald

Bishop Larocqe

John MacDonald: 37, says he's tired of hiding so last week went public with his allegations against the priest on a CBC-TV newscast.

- John M says he even introduced himself to Bishop Larocque at the bishop's levee earlier this year.

 - John M: "Allegations.  I hate that word.  I stand behind what's happened to me."

 - John M: "They're not going to silence me with money."

- when John M first wrote to the Church in August, all he said he wanted was help.  He didn't want police, the Children's Aid or his family involved.

 - John is in his 10th alcohol and drug-free year.

 12 March

96

 Freeholder

Father Charles MacDonald charged

Robert Pelletier (L'Orignal Crown attorney)

Invest. Officer Smith

John MacDonald

DS

Murray MacDonald (Crown attorney)

 "After 39 months, at least four police investigations, three multi-million dollar lawsuits and one hush deal involving the Catholic Church, a Cornwall-area priest has been charged with seven counts of indecent assault on three former altar boys."

- The criminal charges were based on recommendations made last week by L’Orignal Crown Attorney Robert Pelletier.

Father MacDonald refused to talk to media.

Pelletier  said he wanted to look at every single page before making any recommendations.  That included a couple of thousand pages from seven different investigations, which included those of the Cornwall Police, the Ottawa police (into the handling of the case by the Cornwall service) and the OPP.

Tim Smith: said on Monday Apolice have reasonable and probable grounds to believe and do believe these offences occurred.

- Smith defended the initial investigation: "Contrary to what a lot of people have said, I feel under the circumstances that Cornwall (Police) did a good investigation."

 - Smith said the evidence of the two other complainants who came forward "tended to corroborate that of the first complainant."

 - Asked why investigation took so long, Smith said "historic" case are harder to investigate because it takes time to track down some witnesses - especially with limited police resources - and memories aren't as sharp after so many years.  Meanwhile, the tough standard of "proof beyond a reasonable doubt" still applies.

 - John: after charges were laid said "There's no great joy in this thing."

 - DS: "After three years, three years of misery they put me through, they finally decide to charge him" after realizing "everything I said was the complete truth?  Don't you think that's a little bit absurd?"

 - prior to DS settling with Church, investigating officer Heid Sebalj was tentative on the issue (of reasonable and probable grouds) necessary to suspect an offence had occurred.  Crown Murray MacDonald wrote to Staff Sgt. Luc Brunet a few weeks later:  “'this case is fraught with (due to his own conduct) a very non-credible complainant, saddled with an evident ulterior motive for making these allegations' in light of the out-of court settlement."

 - Catherine Levac a supporter of the priest Asaid the charges against  him hadn't changed her opinion that he's innocent.

 - Larocque refused to speak to reporters.

 14 March

96

 Freeholder

(S Silicoff)

 complaint dropped

Gerald Lapkin

(Commissioner PCC)

Perry

 "The second of two public complaints against Cornwall Police Const. Perry Dunlop has been abandoned by the province's Police Complaint's Commission."

 - a letter explaining the decision was sent to the complainant, Chief Repa, and Dunlop on 19 February.  The decision was not announced publicly.  The Freeholder learned about it only through an inquiry.

 - The complaint arose after Ken Seguin's brother complained that Dunlop gave two media interviews in which he implied that Seguin had been sexually molesting children and that he had posed a threat to children despite the fact that criminal charges had never been laid against him.  He also complained the statements made to reporters were based on confidential information that Dunlop was not authorized to disclose.  An internal investigation by Cornwall Police cleared Dunlop of any wrongdoing last April.  But the complainant later asked the commissioner to review the case

 - Lapkin: decided that no further action would be taken on the matter. 

- Dunlop is not back at work yet:   "I'm very tired.  It's been a long haul.  I'll know when the time is right.  I'll have to see."

 12 March

96

 Citizen

Kelly Egan

 Father Charles MacDonald

OPP Det. Insp. Tim Smith

 Father Charles MacDonald, 63, now of Glen Robertson, charged with seven counts of indecent assault against three altar boys.

 - MacDonald is to appear in court 25 March in Cornwall.  The offences are alleged to have occurred between 1968 and 1972.  "The alleged assaults occurred near the Church or on outings." 

- Smith: more than 100 people, including 40 former altar boys, have been interviewed over the past two years.

 17 March

96

Freeholder

"Charging of Priest Totally Vindicates Dunlop"

  

"I have often said that nothing is more dangerous to a pack of scoundrels than an honest man.  In his quest for justice, Dunlop exposed a Church cover-up, police lethargy and complacency, a criminal action by one lawyer, and ultimately the cowardly underbelly of our elected municipal officials - the latter of whom refused to endorse a grass-roots petition circulated in an attempt to get the police/legal establishment off Dunlop's back.

   "Dunlop paid heavily for his crusade for justice - twice hauled into hearings/courts by his vindictive superiors (but Perry was vindicated); ostracized by friends and colleagues; and shunned by other 'good Christians' who shared the parish.  His health suffered greatly - as did his family.

   "Only towards the end - when the Dunlop petition was circulated - did he finally receive some comfort from the community he was trying to protect.

  "Frankly, I can't say enough good things about this man."

26 March

96

 Freeholder

(S Silicoff) 

 Father Charles MacDonald/court

 

Pelletier (Crown attorney)

Charlie: made his first court appearance and was the first accused to be called.

 - publication ban on the names of the three former altar boys

Pelletier: says he didnt request the ban "It was certainly a surprise to me. . . Some justices of the peace order them as a matter of course."

 26 March

 96

 Freeholder

 Laurie Lynn Rupert

Helen

 "A Cornwall woman charged with threatening the life of one of Cornwall Police Const. Perry Dunlop's daughters will be sent for a five-day psychiatric assessment."

- Bill Duncan - Crown prosecutor, says determination will be made whether the 34-year-old woman is fit to stand trial.

 - woman was arrested Sunday night and held in custody for court appearance Monday.

- Helen Dunlop: a threatening call came on Sunday "that scared the Hell out of us."

 

Freeholder

Sultan Jessa

Cornwall Police Services Commission

Ron Wilson

Lo Courville

Judy Bobbka

Mayor Ron Martelle

Brian Sylvester

 Wilson:  "The newest appointment of the Cornwall Police Services Commission has been acclaimed chair of the five-member board."

 - Wilson is a former city police officer – a constable for 15 years

 - Wilson took over the job from Leo Courville, a city lawyer, who finishes his second tow-year term next month.

- Bobbka: another newcomer, retired phys. Ed. teacher and guidance counsellor, will serve as vice-chair.

- Wilson and Bobbka were appointed by the Tory government.

 - the two remaining members of the board, Cornwall Mayor Ron Martelle and Brian Sylvester, a city alderman, were appointed by city council.

  - Wilson was nominated by Martelle and seconded by Sylvester.

18 July

96

 Freeholder

Frank MacEachern

 Perry Dunlop /lawsuit

 

Charles Bourgeois (Dunlop’s lawyer)

 

 Perry Dunlop: launched lawsuit against seven men, including two former police chiefs.

- Named are: Cornwall Police Service, Police Service Board, RC Diocese of Alexandrai-Cornwall, Police Complaints Commissioner, Claude Shave, Carl Johnston, Deputy Chief Joe St. Denis, Staff-Sgt. Luc Brunet, Insp. Brendon Wells, Malcolm MacDonald, Douglas Seguin.

 - This lawsuit is the sixth one filed: three involve former altar boys who are suing the Church and Fr. MacDonald:  DS is suing for $2.8 million; John MacDonald is suing for $2.7 million; WR is suing for $3.3 million; Father MacDonald is countersuing DS for $100,000; Father MacDonald and the diocese are suing the former lawyers who advised them.

 - Perry Dunlop is still on stress leave.   Bourgeois says "This has been a long three years for Mr. Dunlop.  He has a hard time keeping his head above water."

 18 July

 96

 Ottawa Sun

Jacki Leroux

 "A Whistle-blower files $11M suit"

 Perry Dunlop

Claude Shaver

 "The suit alleges the parties contributed to Dunlop's ill health, the downfall of his career and the coverup of a crime."

  - "The suit alleges Shaver launched a vendetta against Dunlop because Shaver had a 'personal relationship with some of the key players' Bourgeois said."

 21 July

 96

Seaway News

Bob Roth

 "Catholic Church, Police Named in $70Million Dunlop Lawsuit"

"Another interesting tidbit from the statement of claim - Dunlop suggests that certain people within the Church know more about what is going on within the priesthood than they would lead us to believe.

-   "In his statement of claim, he says the Church transferred one priest 'after he admitted to his superiors within the Catholic diocese, having sexual relationships with other males."

 Sunday ??

 ??

 Sun

Jack Leroux

 OPP/Project Truth

Insp. Klancy Grassman

(OPP Insp. - Project truth)

"The OPP are looking at the possibility that Cornwall police and the Catholic Church conspired to abort a probe into sexual abuse allegations after the complainant received hush money..." 

- to date Project Truth has netted 79 charges against 12 men.

 Grassman: "The allegation is that the Catholic diocese of Cornwall and Cornwall police conspired not to proceed with criminal charges."

 

Anatomy of a Cover-up

Part IV (29 Nov. '95 - July '96)

Return to Part I

Return to Part II

Return to Part III

Return to theinquiry.ca