Society places onus on alleged sex abusers to prove innocence, lawyer says

Canadian Press (about 1:45 pm)

CORNWALL, Ont. — The public's tendency to presume the guilt of people accused of sexually abusing children allowed a "moral panic" to take root in this eastern Ontario city and rumours of a pedophile clan to flourish, a public inquiry heard Tuesday.

There are safeguards in the Canadian legal system to ensure an accused is presumed innocent unless proven otherwise, but no such safeguards exist for public perception, said lawyer Giuseppe Cipriano.

"When society places the onus on the alleged abuser to prove his innocence then a moral panic is possible," Cipriano said in closing submissions to the three-year, $40-million Cornwall inquiry.

In 1992, a 35-year-old former altar boy came forward with allegations he was sexually abused by both probation officer Ken Seguin and Rev. Charles MacDonald.

Seguin committed suicide in 1993 and was never charged. MacDonald was investigated three times, charges were laid after the third but were eventually stayed because the case took too long to come to trial.

A moral panic ensued when further allegations of sexual abuse involving high-profile local officials emerged and rumours abounded that a clan of pedophiles was involved in bizarre sexual rituals, said Cipriano, the lawyer for the estate of Seguin.

Cipriano was joined by MacDonald's lawyer, Michael Neville, in arguing changes to the system are needed.

Better public education would help ensure accused sex abusers aren't immediately presumed guilty and hopefully prevent the controversy that has gripped Cornwall for so many years from occurring elsewhere, the inquiry heard.

A test of a reasonable prospect of conviction before sexual assault charges are laid should be replaced with the requirement of an "objective likelihood" of conviction, Neville added. When such an allegation is made, it shouldn't automatically be passed on to the accused's employer without proper investigation of the claim, he added.

"Some genies never go back in the bottle," Neville told the inquiry.

The inquiry's mandate is not to examine the veracity of the clan theory. Rather, it was established to probe how public institutions handled allegations of sexual abuse.

Still, rumours of a pedophile ring make up the context that gave rise to the inquiry.

Following the original abuse complaint in 1992, the Ministry of Community Safety and Correctional Services received 22 complaints of alleged abuse by Seguin.

In its written submissions to the inquiry, the ministry alleged people didn't come forward before because Seguin exploited victims' inability to speak about abuse.

However, Cipriano said all the alleged victims came forward in the context of hysteria created by former Cornwall police officer Perry Dunlop and others.

Dunlop championed the investigation and was determined to unearth a backroom clan, pursuing his own investigation off-hours and passing on information to other police forces.

Provincial police set up the Project Truth investigation in 1997 and laid 114 charges against 15 people, but found no evidence of a pedophile ring and, ultimately, only one person was convicted.

In closing submissions Monday, several parties suggested a failure by local institutions to properly address sex abuse allegations left a void in the community that was filled by Dunlop, making him the "alternate constabulary."

Dunlop, who had pushed for the Cornwall inquiry, refused to testify and was jailed for seven months on civil and criminal contempt convictions.

People accused of sex abuse presumed guilty by public, lawyer tells inquiry

24 February 2009 (Around 10 am)

CORNWALL, Ont. — The lawyer for the estate of a probation officer accused of sexually abusing young probationers says people accused of such crimes are presumed guilty by the public.

Giuseppe Cipriano is acting as counsel for the estate of Ken Seguin at the Cornwall inquiry, which is probing institutional responses to allegations of sexual abuse.

A 35-year-old former altar boy came forward in 1992 with allegations he had been abused by Seguin and a priest.

Seguin committed suicide in 1993 and was never charged.

Nonetheless, Seguin's name has come up many times at the inquiry in the context of allegations that a clan of pedophiles operated in the eastern Ontario city over several decades.

Cipriano says those rumours were allowed to flourish because allegations of abuse, such as the ones made against Seguin, are taken as absolute truths by the public.

Deep-seated homophobia fuelled belief in pedophile ring, inquiry hears — Closing submissions begin in probe of Cornwall allegations

The Sault Star

24 February 2009

Posted By THE CANADIAN PRESS (Updated around 9 am)

Homophobia and the blind crusade of one police officer helped fuel a rampant belief in a pedophile ring and a cover-up by authorities in this eastern Ontario community, a public inquiry heard Monday.

"Activities that in a less homophobic community would be seen as benign, in Cornwall became evidence of a pedophile ring," the group Citizens for Community Renewal said in its written submissions at the Cornwall inquiry.

"For this equation of homosexuality with 'pedophilia' to occur in the 21st century and for people to reason that associated gay men were guilty by association is a reflection of the depth of the community's homophobia."

The group is the first to present closing submissions at the three-year, $40-million inquiry, which was set up to investigate how institutions handled allegations of sexual abuse.

Local institutions such as the Children's Aid Society and churches wanted to deal internally with allegations of sexual abuse by their officials during the 1960s, '70s and '80s and failed to interact with one another, Citizens for Community Renewal said.

"These patterns of weakness in the institutional responses prior to 1992 fed the view that institutions were covering up sexual offences by prominent people," the group said in its written submissions.

An ensuing lack of confidence in public institutions left a void that was filled by charismatic Cornwall police officer Perry Dunlop, said Helen Daley, the group's counsel at the inquiry.

"The local hero and his supporters then become the alternate constabulary, if you will. They become the alternate people to whom one goes to report abuse," she said in oral submissions.

Dunlop's crusade to unearth a pedophile conspiracy led to wild allegations during a "pedophile smear campaign" that unjustly harmed the reputations of many local authorities, the inquiry heard.

"Const. Dunlop lost his way," Daley said. "He lost his way, but no one individual, no matter how misguided or how committed to a misguided cause, should have caused this result."

While Dunlop's role was a negative one, wittingly or otherwise, Daley said, that's not the main issue.

"I think what we need to focus on are the things that failed around Const. Dunlop," said Daley.

"No one individual could have caused that result but for the fact that the institutions around him failed to deal properly with him and what was going on."

The inquiry's mandate was not to examine the alleged pedophile ring. A provincial police probe, dubbed Project Truth, saw police lay 114 charges against 15 men in the 1990s, but no evidence of an organized, backroom clan was ever found.

Article ID# 1448740

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 'Inept' agencies let scandal flourish, Cornwall sex abuse inquiry told

North Bay Nuggett

 

24 February 2009

 

Posted By THE CANADIAN PRESS

 

The mishandling of sexual abuse allegations by inept" officials sent victims flocking to a crusading police constable determined to unearth a pedophile ring and a conspiracy to cover it up, a public inquiry heard Monday.

 

Although not the focus of the Cornwall inquiry, the role of former city police officer Perry Dunlop was front and centre as the commission began hearing final submissions after three years of testimony and $40 million spent so far.

 

While some argued Dunlop lost his way" while conducting his off-hours investigation in the early 1990s, others told the inquiry he did the right thing" and is deserving of an apology.

 

At least two of the parties which presented Monday seemed to agree on one point -- Dunlop would have never gained the status he did if not for the failure of public institutions.

 

The local hero and his supporters then become the alternate constabulary, if you will. They become the alternate people to whom one goes to report abuse," lawyer Helen Daley, representing Citizens for Community Renewal, told the inquiry.

 

Dunlop's efforts to root out a clandestine ring led to wild allegations during a pedophile smear campaign" that unjustly harmed the reputations of many local authorities, the inquiry heard.

 

Const. Dunlop lost his way," Daley said. He lost his way, but no one individual, no matter how misguided or how committed to a misguided cause, should have caused this result."

  

 The Victims Group, which argued Commissioner Normand Glaude should entertain the idea that something more sinister" may have been behind the inadequate response of institutions, submitted Dunlop filled a hole created by inept, ineffective, incompetent and corrupt public institutions in Cornwall." 

 

CORNWALL INQUIRY

Bungling of pedophiliac allegations pushed victims to crusading officer, probe told

24 February 2009

ALLISON JONES  The Canadian Press

CORNWALL, ONT -- The mishandling of sexual-abuse allegations by "inept" officials in eastern Ontario sent victims flocking to a crusading police constable determined to unearth a pedophile ring and a conspiracy to cover it up, a public inquiry heard yesterday.

Although not the focus of the Cornwall inquiry, the role of former city police officer Perry Dunlop was front and centre as the commission began hearing final submissions after three years of testimony and $40-million spent so far.

While some argued Mr. Dunlop "lost his way" while conducting his off-hours investigation in the early 1990s, others told the inquiry he "did the right thing" and is deserving of an apology.

At least two of the parties that presented yesterday seemed to agree on one point -- Mr. Dunlop would have never gained the status he did if not for the failure of public institutions. 

"The local hero and his supporters then become the alternate constabulary, if you will. They become the alternate people to whom one goes to report abuse," lawyer Helen Daley, representing Citizens for Community Renewal, told the inquiry.

Mr. Dunlop's efforts to root out a clandestine ring led to wild allegations during a "pedophile smear campaign" that unjustly harmed the reputations of many local authorities, the inquiry heard.

"Constable Dunlop lost his way," Daley said. "He lost his way, but no one individual, no matter how misguided or how committed to a misguided cause, should have caused this result."

The Victims Group, which argued Commissioner Normand Glaude should entertain the idea that "something more sinister" may have been behind the inadequate response of institutions, submitted that Mr. Dunlop "filled a hole created by inept, ineffective, incompetent and corrupt public institutions in Cornwall."

The fact that victims of abuse flocked to disclose their abuse to Mr. Dunlop, having never reported to the police or any other agency, should be taken as a scathing indictment of those institutions," the group said.

While rumours abounded for years of high-profile officials, professionals and clergy taking part in bizarre sexual rituals and abusing young people, several separate police investigations found no evidence of such a ring.

One man who told Mr. Dunlop he witnessed a clan of pedophiles who wore robes, burned candles and sexually abused young boys during weekend meetings in the 1950s and early '60s recanted his story at the inquiry.

The inquiry's mandate was not to examine the alleged pedophile ring but rather the institutional response to long-standing allegations of sexual abuse.

A provincial police probe, dubbed Project Truth, saw police lay 114 charges against 15 men in the 1990s, but no evidence of an organized, backroom clan was ever found.

Some people in the city steadfastly cling to the belief in the clan and a conspiracy to keep it secret. That belief was able to gain a foothold due in part to rampant homophobia and bungling by local agencies, Citizens for Community Renewal wrote in its submissions."

For this equation of homosexuality with 'pedophilia' to occur in the 21st century and for people to reason that gay men were guilty by association is a reflection of the depth of the community's homophobia," the group said.

When confronted with sexual-abuse allegations, institutions such as the local diocese and probation office handled such complaints internally instead of taking them to the police, the group said.

Institutions such as the Children's Aid Society, Cornwall Police Service, Diocese of Alexandria-Cornwall, and the Ontario Provincial Police are to bear much of the blame, the Victims Group added. 

 Lethbridge Herald 

Monday, 23 February 2009

CORNWALL, Ont. - Homophobia and the blind crusade of one police officer helped fuel a rampant belief in a pedophile ring and a cover-up by authorities in this eastern Ontario community, a public inquiry heard Monday.

"Activities that in a less homophobic community would be seen as benign, in Cornwall became evidence of a pedophile ring," the group Citizens for Community Renewal said in its written submissions at the Cornwall inquiry.

"For this equation of homosexuality with 'pedophilia' to occur in the 21st century and for people to reason that associated gay men were guilty by association is a reflection of the depth of the community's homophobia."

The group is the first to present closing submissions at the three-year, $40-million inquiry, which was set up to investigate how institutions handled allegations of sexual abuse.

Local institutions such as the Children's Aid Society and churches wanted to deal internally with allegations of sexual abuse by their officials during the 1960s, '70s and '80s and failed to interact with one another, Citizens for Community Renewal said.

"These patterns of weakness in the institutional responses prior to 1992 fed the view that institutions were covering up sexual offences by prominent people," the group said in its written submissions.

An ensuing lack of confidence in public institutions left a void that was filled by charismatic Cornwall police officer Perry Dunlop, said Helen Daley, the group's counsel at the inquiry.

"The local hero and his supporters then become the alternate constabulary, if you will. They become the alternate people to whom one goes to report abuse," she said in oral submissions.

Dunlop's crusade to unearth a pedophile conspiracy led to wild allegations during a "pedophile smear campaign" that unjustly harmed the reputations of many local authorities, the inquiry heard.

"Const. Dunlop lost his way," Daley said. "He lost his way, but no one individual, no matter how misguided or how committed to a misguided cause, should have caused this result."

While Dunlop's role was a negative one, wittingly or otherwise, Daley said, that's not the main issue.

"I think what we need to focus on are the things that failed around Const. Dunlop," said Daley.

"No one individual could have caused that result but for the fact that the institutions around him failed to deal properly with him and what was going on."

The inquiry's mandate was not to examine the alleged pedophile ring. A provincial police probe, dubbed Project Truth, saw police lay 114 charges against 15 men in the 1990s, but no evidence of an organized, backroom clan was ever found.

Still, allegations of high-profile officials, professionals and clergy taking part in bizarre sexual rituals have hung over the proceedings.

One of the inquiry's watershed moments came last summer during the testimony of Ron Leroux, who had told Dunlop he witnessed a clan of pedophiles who wore robes, burned candles and sexually abused young boys during weekend meetings in the 1950s and early 1960s.

Last June, Leroux told the inquiry that he fabricated the story.

Dunlop, for his part, refused to testify at the inquiry and was jailed for seven months on civil and criminal contempt convictions.

The Coalition for Action, a group that believes there was "a combination of deliberate conspiracy and cover-up" put forward several recommendations, including whistleblower protection for police officers.

"Presently it is unclear what statutory remedy, if any, someone in the position of Perry Dunlop would have," the group said in its written submissions.

"The Public Service Act protections do not appear to apply to police officers. It is suggested that a statutory process is needed to protect police officers who are acting as whistleblowers."


The coalition also suggested the numerous police investigations launched to probe the widespread sexual abuse and conspiracy allegations were "deficient" and "too cursory."

Long-running, $40M inquiry into handling of Ont. sex abuse allegations near an end

Canadian Press

After nearly four years, some 180 witnesses and $40 million in taxpayer dollars, a public inquiry struck in the shadow of sensational but unproven allegations that a clandestine pedophile ring once operated in eastern Ontario will draw to a close this week.

The Cornwall inquiry into how police and other institutions responded to allegations of historic sexual abuse - which made national headlines when the former police officer at the heart of probe was jailed for refusing to testify - will begin hearing final submissions Monday.

It's a landmark in a sad saga that has many expressing hope that some good may come for both abuse victims and the community. Others question what kind of resolution, if any, the report to be delivered in July will bring.

While the inquiry's work addressed Cornwall-specific issues, such as agency responses and rumours of collusion to cover up abuse, there are also general issues about how institutions handle such allegations, said lead commission counsel Peter Engelmann.

"We're hopeful that many lessons can be learned from the report that is finally written," Engelmann said in an interview. "This report should have value far beyond the city of Cornwall and its environs."

The latest figures from the Ministry of the Attorney General show that $40,814,338 had been spent on the inquiry as of Dec. 31.

Some aren't convinced that's money well spent.

"This report could be the most expensive doorstop known to mankind," said Claude McIntosh, a columnist for the Cornwall Standard-Freeholder.

McIntosh said he's skeptical about how much use the community can get out of a report into how public institutions responded in the 1950s, '60s, and '70s, noting that practices governing how abuse allegations are dealt with have since changed.

"I always said it was like doing a safety report on a 1967 Chevy, trying to compare it to today's vehicles," McIntosh said.

The main value of the inquiry is the support sex abuse victims have received, McIntosh added.

The inquiry's mandate was not to examine the alleged pedophile ring. A provincial police probe, dubbed Project Truth, saw police lay 114 charges against 15 men in the 1990s, but no evidence of an organized, backroom clan was ever found.

Still, allegations of high-profile officials, professionals and clergy taking part in bizarre sexual rituals hung over the proceedings.

One of the inquiry's watershed moments came last summer during the testimony of Ron Leroux, who had told former Cornwall police officer Perry Dunlop he witnessed a clan of pedophiles who wore robes, burned candles and sexually abused young boys during weekend meetings in the 1950s and early 1960s.

Last June, Leroux told the inquiry that he fabricated the story.

Dunlop, for his part, refused to testify at the inquiry and was jailed for seven months on civil and criminal contempt convictions.

Although Dunlop's off-hours investigation in the early 1990s brought the allegations into the public sphere, he told the judges that convicted him that he didn't have the heart to face the barrage of lawyers at the inquiry.

Of the 15 men charged as a result of Project Truth, only a bus driver was convicted. Four died before their cases came to trial, four were acquitted, four had the charges against them withdrawn, and two had the charges against them stayed over delays.

Much had been made about a city torn apart by lurid allegations about trusted public figures, but McIntosh said that's never been his sense.

"There was more interest before the inquiry because these stories of the clan and all this other stuff were just running rampant," he said, adding the inquiry, and Leroux's testimony, took a lot of steam out of the public furor.

"My sense of the community is, let's get this thing over with."

The inquiry was established in 2005. When it was still plugging away in October 2008, the provincial government stepped in and set an end date.

Engelmann said while he is relieved the process will soon be over, the length of the inquiry was due in large part to its broad mandate.

"Another thing that took a lot of time, and I don't regret it, is the calling of the evidence from the victims and alleged victims," Engelmann said.

"Some of that evidence was very painful for these individuals and they needed breaks, it took extra time. We wanted to make sure that we, as a quasi-judicial process, treated them in a fair and respectful way."

Paul Scott, the head of the community group Citizens for Community Renewal, said the inquiry was worthwhile if it helps prevent child sex abuse.

"If it saves one child - I'm sure it will save more - I think it was well worth the expense and the time," he said.

Scott said he hopes to see recommendations in the report on better ways to offer support for victims of sexual abuse.

"I think there are small little things that are happening, but I don't think the healing and reconciliation aspect has really started with any great effort," Scott said. "We'll have to do a lot more in that area."

Scott would like to see a safe house established for abused men, a memorial for victims of sexual abuse, public apologies from politicians and the church and counselling offered beyond the inquiry's mandate.

The inquiry's counselling support is slated to extend 90 days after the report's release.