Priests not duty-bound to divulge content of confessions: lawyer

Cornwall Standard Freeholder 

Wednesday, August 29, 2007 - 08:00 

Terri Saunders

Local News - The duty to report allegations of child abuse to authorities does not apply to priests hearing confessions from other Christian brothers regarding such abuse, the Cornwall Public Inquiry heard Tuesday.

Rev. Frank Morrisey, an Ottawa-based priest and canon lawyer, said anything heard inside the confessional is protected and not subject to the same rules as allegations heard on the outside.

"Even if the person making the confession releases the priest from the obligation of confession, the priest cannot breach that confidentiality," said Morrisey. "It's necessary in order to protect that level of conscience."

"So, there is no duty to report?" asked Peter Engelmann, lead commission counsel.

"No," said Morrisey. "Not where the church is concerned."

Individuals considered to be in positions of authority, be it teachers, doctors or other professionals such as clergy, are required to report any suspicions regarding the abuse of children to the Children's Aid Society.

Morrisey also told the inquiry there are many policies involving the protection of information heard in the confessional regarding allegations of priests having committed any number of crimes, including sexual abuse of minors.

"Why the secrecy?" asked Engelmann.

"Again, these are matters of conscience protected through confession," said Morrisey. "But I would also say there could be a fear of scandal, of things getting out.

"That's possible, too."

In June 1992, an ad hoc committee of the Canadian Conference of Catholic Bishops released a report on child sexual abuse by members of clergy called From Pain to Hope. In 2002, another committee was formed to review how the report was received, both by members of the clergy and church communities.

Survivors of abuse who participated in the review maintained a perception bishops are not accountable to anyone. They suggested the church is organized to promote "a culture of secrecy, a lack of communication with victims and a need to resort to courts to ensure the bishop would answer for his decisions and management."

On Tuesday, Morrisey said it's true bishops are under no obligation to follow the recommendations outlined in From Pain to Hope, although he said it wouldn't be wise for dioceses not to have some sort of policy in place to deal with abuse allegations.

"If they have policies in place, they'd better follow them," said Morrisey. "They'd be in trouble if they didn't, especially for insurance purposes."

Members of clergy who participated in the review suggested while most dioceses adhere to either the recommendations included in From Pain to Hope or at the very least put other similar policies in place, there are a few dioceses where there is still work to be done.

"A small number remain extremely reluctant either to adopt these preventative measures or to disclose those that are available," the reviewers wrote. "This culture of secrecy creates an atmosphere of doubt that, to say the least, gives the impression that these dioceses prefer to protect the institution and the clergy to the detriment of protecting the public and children.

"Although these are a few isolated cases, the attitude of one diocese or one bishop has repercussions on the entire (church.)"

During cross-examination, a lawyer representing a group of citizens at the inquiry suggested policies are irrelevant if they are ignored by those in authority.

"A protocol is only as good as the people who are implementing it," said Peter Wardle, an attorney for the Citizens for Community Renewal.

The inquiry resumes today at 9:30 a.m.

By TERRI SAUNDERS, Sun Media

CORNWALL, Ont. — The duty to report allegations of child abuse to authorities does not apply to priests hearing confessions from other Christian brothers regarding such abuse, an inquiry heard Tuesday.

Rev. Frank Morrisey, an Ottawa-based priest and canon lawyer, said anything heard inside the confessional is protected and not subject to the same rules as allegations heard on the outside.

“Even if the person making the confession releases the priest from the obligation of confession, the priest cannot breach that confidentiality,” Morrisey told the inquiry probing the institutional response to allegations of systemic sexual abuse in the Cornwall area. “It’s necessary in order to protect that level of conscience.”

Where the church is concerned there is no duty to report, Morrisey told Peter Engelmann, the lead commission counsel. Individuals considered to be in positions of authority, be it teachers, doctors or other professionals such as clergy, are required to report any suspicions regarding the abuse of children to the Children’s Aid Society.

Morrisey also told the inquiry there are many policies involving the protection of information heard in the confessional regarding allegations of priests having committed any number of crimes, including sexual abuse of minors.

“These are matters of conscience protected through confession,” said Morrisey. “But I would also say there could be a fear of scandal, of things getting out. That’s possible, too.”

In June 1992, an ad hoc committee of the Canadian Conference of Catholic Bishops released a report on child sexual abuse by members of clergy called “From Pain to Hope.”

In 2002, another committee was formed to review how the report was received, both by members of the clergy and church communities.

Survivors of abuse who participated in the review maintained a perception bishops are not accountable to anyone.

They suggested the church is organized to promote “a culture of secrecy, a lack of communication with victims and a need to resort to courts to ensure the bishop would answer for his decisions and management.”

On Tuesday, Morrisey said it’s true bishops are under no obligation to follow the recommendations outlined in the report, although he said it wouldn’t be wise for dioceses not to have some sort of policy in place to deal with abuse allegations.

“If they have policies in place, they’d better follow them,” said Morrisey. “They’d be in trouble if they didn’t, especially for insurance purposes.”

During cross-examination, a lawyer representing a group of citizens at the inquiry suggested policies are irrelevant if they are ignored by those in authority.

“A protocol is only as good as the people who are implementing it,” said Peter Wardle, an attorney for the Citizens for Community Renewal.

The inquiry resumes today.