Letter to the Editor from David W. Scott lawyer for the Roman Catholic Diocese of Alexandria-Cornwall Printed in the Cornwall Standard Freeholder 12 August 2000 Saturday, August 12,2000 To the editor: The purpose of this letter is to react to your editorial in the newspaper on Thursday, August 10, and to the fact of the existence of a website which has recently surfaced providing the names of actual persons, including priests in the diocese, said to be guilty of sexual misconduct with young people in the past. I am the solicitor for the Diocese of Alexandria-Cornwall and for a number of priests whose names have surfaced in allegations of wrong doing made by citizens and former citizens of the Cornwall community and the area. The diocese and its priests have painfully lived with the allegations made initially with respect to identified individuals, latterly with respect to whole categories and classes of individuals referred to collectively in broad-based allegations of sexual impropriety. Amongst these people there are undoubtedly the guilty but at the same time there are many, many people, both living and dead, who are entirely innocent of any wrongdoing and who have been forced, while discharging important services in the community, to hold their breath in the hope that their well-earned reputations within their church and community will not be destroyed in a frenzy of irresponsible muckraking. The latest event is the establishment by some irresponsible person of a website which, until it was recently shut down, contained the actual names of a number of priests at the diocese while at the same time, in a curious application of a remarkable double standard, shielding the names of most of the persons said to have been victims. In other words, in a shocking disregard for the laws of defamation and the presumption of innocent, the website listed actual persons, both living and dead, who are neither charged nor convicted, as having committed acts of gross sexual impropriety. The fundamental societal inappropriateness of this action was the subject of your editorial. On behalf of these priests, I applaud the editor for his succinct recitation of our social values in his outright condemnation of this behaviour. No benefit accrues to any victim of sexual abuse by creating more victims in the form of persons whose reputations are totally destroyed in a manner that is completely unwarranted. Our system depends on the conduct of thorough investigation by skilled and principled law enforcement agencies; the exercise of prosecutorial judgment by competent Crown counsel and, in those cases where charges are laid, the application of the law with scrupulous fairness and vigour by independent judges. The system does not depend, nor will it survive, in the face of conduct intended to circumvent the system and its protective shroud in order to assuage the escalating curiosity of the citizen, thereby destroying forever the reputations of innocent citizens. The witches of Salem is a lesson in history which should not be forgotten. The priests whom I represent have been counselled to cooperate fully with the OPP in the conduct of their Project Truth investigation. I believe they have done so and are doing so. If this is not so, it will no doubt be the subject of elements in the ultimate police report. I have also counselled these priests to make no public comment or indeed any comment, public or private, while the investigation is ongoing. The conduct of an investigation of this kind by the OPP is an extremely difficult and delicate task. Importuning by affected persons is disruptive to the investigation which must be independent if balanced investigative judgment is to be permitted to run its course. No one at this juncture has, or can, suggest that the police are not doing their job in accordance with the long tradition of the OPP. For this reason I have again counselled the priests whom I represent not to give way to the very powerful instinct to strike a retaliatory blow in the courts as a result of the creation of this website. I write this note because it is now being suggested by some, perhaps by those who have not thought this through, that a silent response by the affected priests is evidence of guilt. This is an extremely dangerous reaction because if silence were a logical inference of guilt, then the OPP investigation would be contaminated and undermined by the website and there would be a proliferation of unproductive lawsuits in order to forestall the drawing of the inference of guilt. No. The persons whom I represent, for the time being, continue to accept my advice that though the provocation is extreme and the insult overwhelming, they should keep their powder dry and await the completion and result of the OPP investigation. There is no reason to abandon their adoption of a posture of silence and cooperation merely because someone or more persons who do not understand the system choose to circumvent it. This is a plea, therefore, for support for the ongoing investigation and for the right of innocent persons to expect that their reputations for decency will be respected until there are compelling reasons to conclude otherwise. For these reasons, and for anyone who has seen the website, this, through your newspaper, is a statement that there will be no response, formal or otherwise, to irresponsible statements while the investigation is ongoing. If the website is reopened, or others choose to engage in similar muckraking in the future, the provocation presented by these events will be addressed. David W. Scott, Ottawa RESPONSES The following responses Mr. David W. Scott’s letter were posted on Dick Nadeau’s ProjectTruth2.com website. I am uncertain at this time how many if any of these letters appeared in the Standard Freeholder.  I will check. August 12, 2000 Letter to the editor In reply to Don [sic] Scott’s letter to the editor in which he states that “the diocese and its priests have painfully lived with the allegations”. Well isn’t that too bad. Why is there never a mention of the hundreds of victims and their painful and destroyed lives. His pompous and self-righteous pontificating to us about his so-called ‘system’  (read old boys club; read the Establishment) is veiled in many instances with subtle messages telling us to keep our mouths shut. He takes us for fools. Anyone with an I.Q. of over 65 can see through that letter for what it is. He’s having a panic attack because we won`t play by his rules. Although there are witness statements against all the priests mentioned on the website projecttruth.com, the hypocrisy and denials continue unabated. These self-serving letters only add fuel to the fire. A new website is being developed and we, the victims/survivors will continue to “out” as many pedophiles as possible and again no accusations are made without supporting witness statements. What he calls muckraking, we call the truth. His comments that priests are cooperating is not to be believed. How long did Charles MacDonald deny the allegations against him? And how long has he been avoiding justice through the efforts of this same David Scott and his system of justice. Would that not make him a co-conspirator in this whole affair. One lawyer has already been charged with obstruction of justice in the past. Yes, “the provocation is extreme and the insult overwhelming”. Tough! We will continue to provocate and insult as long as the priests he represents are still in their positions of “trust and authority”. They are still in contact with your children. Dick Nadeau Casselman “Who Is Circumventing The Letter and Spirit Of The Law?” The Senior Partner and esteemed longtime litigator for Ottawa’s prestigious Scott & Aylen Law Firm has stepped forward to publicly defend the Diocese of Alexandria-Cornwall; or is he defending his self-esteem? (see Saturday’s Cornwall Standard-Freeholder, August 12, 2000.) It is this writer’s belief and opinion that Scott and Aylen’s efforts in “social control,” as displayed by Mr. Scott’s letter, is an act of desperation and face-saving. You never expected “the truth to surface” did you, Mr. Scott? Not unlike previous communiqué’s chastising particular member’s of the community for speaking out; written by Claude McIntosh, Chief Claude Shaver, Bishop Larocque, Liberal Member of Parliament Bob Kilger and other’s, David Scott reiterates pleas to protect the innocent until proven guilty. Mr. Scott, come down from your Tower and LOOK, who circumvents criminal and civil procedure? When did the Diocese first retain you, in 1993? You know as well as I do that months may be wasted arguing that time may or may not have been exhausted and it is now too late to prosecute. Who is playing the game fairly? How much evidence is needed? Is this community and the legal community not fed up? How much more? This should never have gone on this long. I believe Scott & Aylen are distressed because the truth is leaking-out. As Mr. Scott well knows, To follow “the letter of the law” is interpreted and argued very differently from one lawyer to the other. Mr. David Scott explains his interpretation thereof, outlining the do’s and don’ts of civil and criminal procedure, from his interpretation. Undoubtedly, the website was initiated because real or perceived facts would lead any reasonable person to suspect improprieties or cover-up of one kind or another existed and was impeding the investigation and justice for all. In fact, the investigators may be investigated. Read the facts since 1993. Notwithstanding this, David Scott has set aside social engagements to set the world straight, and advise aspiring website designers to watch-out! The “system” has brutally botched this whole inquiry. Mr. Scott, I believe you will undoubtedly file for withdrawal of any prosecution with prejudice, based on lack of timely prosecution or based on, “the website operator” done-it. Mr. Scott also is aware of the following definitions, however, chooses not to inform the public of this side, how typically legal; Definition#1-“defamation” a FALSE STATEMENT that injures someone’s reputation; the publication of anything false which is  injurious to the good name or reputation of another, or which tends to bring him into disrepute. A defamation designed to be read is a libel; an oral defamation is a slander. There is no legal cause of action called defamation. Definition#2-“libel” an UNTRUTHFUL STATEMENT about a person, published in writing, that injures the person’s reputation or standing in the community. A tort consisting of a FALSE and MALICIOUS publication printed FOR THE PURPOSE of defaming one who is living. In tort law, only a living person may be defamed. “Libel” includes any UNPRIVILEDGED, FALSE, and MALICIOUS publication which by printing, writing, signs or pictures tends to expose a person to public scorn or ridicule. The TRUTH of the published statement creates a valid defense to an action for libel.” There is no defamation if the words are TRUE.” It is my belief and opinion that the website did not INTEND to provide FALSE or MALICIOUS publications FOR THE PURPOSE of defaming one; the INTENTION was to provide THE TRUTH and it did provide THE TRUTH.  James P. Bateman Waterloo, Ontario. August 16, 2000 To the editor Re: David Scott’s letter   Scott seems a little confused with his history. The Salem witch hunts were initiated by the Reverend and the town Doctor. Seems the Reverend's daughter and niece were afflicted with a bewitchment which today could be described as post traumatic stress syndrome or multiple personality disorder(abuse survivors). Perhaps these girls were about to reveal some of the Salem's dirty secrets, and perhaps the town was abuzz with the word of other survivors coming forth. A plan was hatched by the Reverend, the Doctor, the Judge and other officials. Those survivors who dare come forth must be declared Witches so their words become blasphemy. All the better if they can be silenced by execution. Public hangings are a fine motivator to silence loose lips. As for the gentleman who stands up for these women and is unrelenting in his quest for justice, we shall publicly crush him to his death, we shall squeeze the life out of him. As we know the trials went on for a short time, many were executed or sent to jail. The town officials were very content with the course of their actions, the mess they had created was being cleaned up quite nicely by the Justice System. Then low and behold GOOD PEOPLE began to cry out. This is not right, this is not justice. Letters were sent to the Governor and he LISTENED to the people (Bill 103). The trials and executions were stopped. Mr. Scott should know that," if we don't know our history we are destined to repeat it".   David Price Nanaimo, B.C. August 18, 2000 Cornwall Standard Freeholder Editorial Dept. Cornwall, ON  RE: David Scott’s letter to the editor: Friday, August 11/00  The purpose of my letter is to respond to Mr. Scott and his references to the alleged ‘sexual misconduct’ of several priests, and various (upstanding?) members of Cornwall’s community, supposedly in positions of status honour, viz-a-viz, trust.  I too, am  a survivor of sexual abuse. To address these allegations in the context of ‘misconduct’ is to minimize the assault lauded upon innocent children. It doesn’t even being to address the more profound issues of psychological, emotional, and sexual abuse or their subsequent and life-long scars as a result of this aberrant behaviour.  Mr. Scott claims the perpetrators ‘have lived painfully’ with their appropriate guilt. I suggest their silence speaks volumes. There is no comparison to the pain suffered by the unsuspecting victims.Systematic abuse is frequently correlated to anti-social behaviours, as well as social/emotional developmental difficulties.The people cited for their dirty deeds are NOT ‘entirely innocent of any wrong-doing’, as time will dictate.Perhaps Mr. Scott has been duped much like the children involved in this tragedy, or, perhaps he’s too is in denial of any awareness of these serious and devastating matters.  Mr. Scott claims the alleged perpetrators are being ‘forced...to hold their breath’; by whom? What defence do they have? None. People aren’t generally in the habit of fabricating lies of this proportion.  He then goes on to claim the publicity generated by their own perverse behaviour is soiling their otherwise unstained ‘well-earned reputations’.  Well, yes they certainly have earned their reputations - as paedophiles. The only ‘frenzy’ going on is the one that must be buzzing around their dirty little self-serving child molestation circuit.  This is NOT irresponsible ‘muckraking’. It is the truth, the whole truth, and nothing but the truth. What is irresponsible however, is people in positions of status that are dishonourable and duplicitous - a facade. Now that’s what I call a double-standard. The only ‘shocking disregard for the law’ was the corrupt actions taking place day after painful, shameful day by some seriously disturbed adults.  Scott makes a rather feeble attempt to employ the term ‘social inappropriateness’ in regard to the perverts being named. This amounts to little more than smoke and mirrors. Who gives a damn about the reputation of a child molester? Did they give a damn about the reputation of the children they were molesting? ott’s next statement is perhaps his long lost idyll of justice: ‘our system depends...skilled and principled law enforcement agencies...’. It is hardly a secret that law enforcement agents have long been operating on their own set of sub-standard principles. It is also clear that the blue-collar agents are anything but educated in matters of child abuse. Justice is simply reduced to whom is the better performer in the courtroom, or who knows who and what deal can be made. This matter is not a social impropriety - it is social deviance, to say the least.  Rest assured Mr. Scott, no innocent people will suffer. However, those guilty will certainly be held accountable for their actions, and rightly so.  I would hardly call a survivor of this judicial and social travesty ‘importunist’. If there are any importunists in this issue it would be those members of the church and community in positions of trust, that took advantage of innocent children.  I commend any survivor of sexual abuse for their courage to come forward and convey their experience to ensure justice is done once and for all in this issue. How could there possibly be an independent and unbiassed investigation when the entire social infrastructure is malignant?  Silence is an inference of guilt. In closing, Mr. Scott ‘pleas’ with the abuse survivors for the ‘decency’ not to mar the precious reputations as morally upstanding citizens. What about he indecency of their actions? I’m sure no one heard the pleas of these poor children when they were continually being passed around the paedophile ring like a plate of appetizers. There wouldn’t be any muckraking if there wasn’t any muck to begin with. These children have had their inherent rights as Canadians violated in just about every respect possible. The Charter clearly states in Sections 7, 8, 9, 10, 12, 13, 15, 24, and 26, that all Canadians have a right to protection; that includes protection against any personal violation. That is the law, Mr. Scott. The lives of these children were damaged and changed forever. They were robbed of their childhood, their identity and their dignity. Worst of all, they were robbed of their innocence. Now that is a true crime. It is also a blasphemous sin to disguise one’s sexual perversion behind the robes of priesthood. It boggles the mind to imagine just how sick and twisted a person must be to seek this evil form of self-gratification and attempt to disguise it in the name of God. If Mr. Scott is seeking a challenge, I suggest he inform his clients to come forward, confess their crimes and their sins, and then leave the priesthood. The unfortunate part of all this is that they will still be at large. C. L Knox Ottawa