Nine victims opt out of compensation report, seek court battle
Last Updated: Monday, November 1, 2010 | 7:59 AM AT
Michel Bastarache, a retired Supreme Court of Canada justice, will on Monday deliver his compensation report for victims who were sexually assaulted by Roman Catholic clergy in northern New Brunswick. (Jacques Boissinot/Canadian Press)
Former Supreme Court justice Michel Bastarache will meet Monday with the bishop of the Diocese of Bathurst to present his recommendations for compensation for victims of sexual abuse by Catholic clergy in northern New Brunswick.
The diocese hired Bastarache earlier this year after Levi Noel, an 84-year-old former priest, was convicted of 22 sex-related offences and Charles Picot, a former priest who had worked in Dalhousie, was charged with indecent assault. Picot’s trial has yet to take place.
Bastarache’s report is the final step in a conciliation process that was aimed at avoiding a court battle. But nine of the 45 victims Bastarache met with opted out of conciliation.
Robert Talach, an Ontario-based lawyer who is representing some of those victims who want still want a court battle, said there is a feeling among many of the individuals that they are tired of taking orders from the Catholic church.
“It’s a system, which has been dictated to them by the diocese, and for many of them they feel that the days of being dictated to by the diocese are over with,” Talach said.
“Some of them went to the diocese in the past and got no appropriate response, so they’ve lost faith in that institution doing the right thing.”
One lawsuit has been launched already, and he said more are in the works.
“Victims want a transparent open and public process. Not all of them want their identity out there, but they want the size and nature and details of the problem public,” Talach said.
“That system that the diocese proposed does not have that element.”
Compensation package
Bastarache said in an interview last week that in his meetings with victims, it was revealed that other priests in the diocese, who have not been named, or charged, have also been accused of abuse.
The retired Supreme Court justice will hand in a report to the bishop outlining how many people have come forward and how much each person should be compensated.
Bastarache designed a compensation package that set out a scale for potential payment.
He set up five categories of alleged assaults that range from unwanted touching to sexual assault. He then created subcategories that dealt with the long-term consequences of the assaults, such as the individual’s inability to finish school, whether they were able to hold a job or, in some cases, their decision to attempt suicide.
Bastarache said he then reviewed various legal precedents for compensation given to other sexual assault victims to come up with a payment range.
It will be up to the bishop to decide how much money will be paid out to the victims.
Once the church makes its compensation decision, Bastarache said he will hand out the cheques by the end of November or into December.
Under the terms of the conciliation process, Bastarache agreed to keep the names of the victims anonymous, so the church will not see the names and the retired judge will personally hand out the cheques.
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Comments
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rbc1965 wrote:Posted 2010/11/01
at 11:21 AM ET
If the Clergy was out of control during the 60s 70s and 80s,What exacltly was the Police doing during this period?
I am very sure the Police received complaints and why were they not acted upon at the time instead of allowing the monsters to run amok?? The Government is just as responsible for covering these crimes up,just as responsible as the Priests and the Vatican.
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peace-out wrote:Posted 2010/11/01
at 11:18 AM ET
Tax the church already
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mrjoemac wrote:Posted 2010/11/01
at 11:14 AM ETGee is it a Protestant church???
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luxwolf wrote:Posted 2010/11/01
at 10:35 AM ET
sexual abuse is the very small reality compared to other abuses co-created from across the boundaries of authoritatives of morality and economics and include all religions (denominations) and citizens.
the social conditions of the minds to each and most all perpetrate abuses (non-sexual) by images relative to practices realities-problems.
and most all medias participate to the creation and maintenances of social conditions making any and much of abuse possible, practical, and inevitable.
secrecy, moral judgement and economics are deadly mental constructs for apparent or wanted esteems of imaged greater or lesser esteemed.
peace to the angry. peace to the perverse of power.
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Indigo Mary wrote:Posted 2010/11/01
at 10:32 AM ET
Money? Thats what you want? Money? I was sexually abused my entire childhood and didnt say a word. If I did it wouldn’t be ‘Cheque Please!”….It would be..Free Psychological Counselling….and a Jail Term for him. You people are starting to lose my belief it is for the right reasons you waited this long.
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twilight2 wrote:Posted 2010/11/01
at 10:24 AM ET
I would say to many secret checks have been written out for out and out child molestation and abuse…..
When are the cops going to throw these perverts in prison with the rest of the scum?
And they dare promote one to sainthood!
Everyone of these so called men of the cloth have known or know someone that has molested a child or children and they said nothing, they are equally as guilty in the eyes of the law as the one that perpetrated the acts, and that goes all the way to the pope himself!
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fairguy wrote:Posted 2010/11/01
at 9:58 AM ET
Oilcruzer wrote:Posted 2010/11/01 at 6:32 AM”
“This should not be open for comments, at risk of the victims.”
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
of course it should, it fits nicely into CBC’s anti- Catholic policy, let the bigots and hate mongers post all sorts of garbage about the Catholic faith, but when other stories about sexual abuse done by people in other Chruches, professions, or sports, close them to comments…CBC you make me sick!
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Newfiealso wrote:Posted 2010/11/01
at 9:54 AM ET
The examples of sexual assault by priests is very disturbing. The failure of the Federal Government to really act is equally disturbing. Look what has happened to Native Canadian victims in spite of the show of doing something. That said, if you change the name to ‘Mosque’from Church, there would be a Federal Government uproar long ago. But since it is a Church, and almost always a Roman Catholic Church and its priests breaching their fiduciary duty, there is a show of outrage but nothing really substantive. Canada is after all a Catholic country (look at the numbers) which demands a brush under the carpet attitude. We should all, Protestant and Catholic, be ashamed of ourselves but we do nothing but posture and give weak bandaid solutions..
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Bumpy Road wrote:Posted 2010/11/01
at 9:53 AM ET
Is Bastarache that good that he can do two major commission enquiries at once?
This one in NB and the Judicial Appointments one in QC.
Will either get his full attention and a reasonable decision?
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Mad_Matt wrote:Posted 2010/11/01
at 9:52 AM ET
Abusers are abusers no matter who they are and should pay for their crimes like everyone else in this world. Money settlements pfff. I say prison for abusers
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Kotlet wrote:Posted 2010/11/01
at 9:43 AM ETWe give them tax breaks so they can afford this?
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ZeeBeeSee wrote:Posted 2010/11/01
at 9:32 AM ET
A word to the wise:
In Belgium, where pastoral abuse and unquestioned secular support of the church was refined to a veritable art over centuries, the clerical abusers offered meetings and “confessionals” with the victims as a means to “relieve their burden”. The priests, bishops and cardinals were then able to claim they could not comment because of the “seal of confession”, protecting the victim… hmmmm.
According to canon law, A priest cannot break the seal to save his own life,.. etc …or to aid the course of justice. Notice how canon law purports to take precedence over the law of the land, on pain of excommunication of the violator.
In other words it’s a perfect shield against self-incrimination – unless the victim himself requests that the seal be broken by the priest. Even then the priest may refuse to divulge the confession, although he’d need to dream up a good reason, and the victim cannot be stopped from stating his or her facts to the world.
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GregM@NS wrote:Posted 2010/11/01
at 9:19 AM ET.
. . “there is a feeling among many of the individuals that they are tired of taking orders from the Catholic church. It’s a system, which has been dictated to them by the diocese, and for many of them they feel that the days of being dictated to by the diocese are over with,”
Couldn’t agree with the victims more – take them to court and sue them blue for what they have done to you. The RC hierarchy all the way to the Pope clearly and simply can not be trusted at all as they unbelievably still continue to try to wriggle, squirm away and still try and hide and deny their horrific disgusting past.
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RougeQ wrote:Posted 2010/11/01
at 9:10 AM ET
Abused victims protested in Rome yesterday and yet who noticed?
“Victims of clerical sex abuse end protest with symbolic Vatican march”
http://www.irishtimes.com/newspaper/world/2010/1101/1224282400126.html
There seems to continue a culture of not looking at the reality of the problem especially last week when too many Quebecers were seduced by the latest marketing ploy by the Vatican when the organization waved a magic wand and deemed a poor, illiterate, unskilled labourer into a subject of worship.
This makes me see humanity as hopeless.
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ZeeBeeSee wrote:Posted 2010/11/01
at 9:07 AM ET
Edmontonian wrote:Posted 2010/11/01 at 7:53 AM
“I don’t believe in hell, but sometimes I wish I did. There should be a special place there reserved for any person in a position of authority who abuses children.”
____
Mark my words: if the church hasn’t used this excuse yet, they surely will: “since abusers will be judged by the almighty, there is no need to pounish them in this life”.
So don’t even let on that we WISHED there was a hell for these sick animals – they may take the suggestion and run with it.
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Kotlet wrote:Posted 2010/11/01
at 9:43 AM ETWe give them tax breaks so they can afford this?
________________________________
ZeeBeeSee wrote:Posted 2010/11/01
at 9:32 AM ET
A word to the wise:
In Belgium, where pastoral abuse and unquestioned secular support of the church was refined to a veritable art over centuries, the clerical abusers offered meetings and “confessionals” with the victims as a means to “relieve their burden”. The priests, bishops and cardinals were then able to claim they could not comment because of the “seal of confession”, protecting the victim… hmmmm.
According to canon law, A priest cannot break the seal to save his own life,.. etc …or to aid the course of justice. Notice how canon law purports to take precedence over the law of the land, on pain of excommunication of the violator.
In other words it’s a perfect shield against self-incrimination – unless the victim himself requests that the seal be broken by the priest. Even then the priest may refuse to divulge the confession, although he’d need to dream up a good reason, and the victim cannot be stopped from stating his or her facts to the world.
________________________________
GregM@NS wrote:Posted 2010/11/01
at 9:19 AM ET.
. . “there is a feeling among many of the individuals that they are tired of taking orders from the Catholic church. It’s a system, which has been dictated to them by the diocese, and for many of them they feel that the days of being dictated to by the diocese are over with,”
Couldn’t agree with the victims more – take them to court and sue them blue for what they have done to you. The RC hierarchy all the way to the Pope clearly and simply can not be trusted at all as they unbelievably still continue to try to wriggle, squirm away and still try and hide and deny their horrific disgusting past.
________________________________
RougeQ wrote:Posted 2010/11/01
at 9:10 AM ET
Abused victims protested in Rome yesterday and yet who noticed?
“Victims of clerical sex abuse end protest with symbolic Vatican march”
http://www.irishtimes.com/newspaper/world/2010/1101/1224282400126.html
There seems to continue a culture of not looking at the reality of the problem especially last week when too many Quebecers were seduced by the latest marketing ploy by the Vatican when the organization waved a magic wand and deemed a poor, illiterate, unskilled labourer into a subject of worship.
This makes me see humanity as hopeless.
________________________________
ZeeBeeSee wrote:Posted 2010/11/01
at 9:07 AM ET
Edmontonian wrote:Posted 2010/11/01 at 7:53 AM
“I don’t believe in hell, but sometimes I wish I did. There should be a special place there reserved for any person in a position of authority who abuses children.”
____
Mark my words: if the church hasn’t used this excuse yet, they surely will: “since abusers will be judged by the almighty, there is no need to pounish them in this life”.
So don’t even let on that we WISHED there was a hell for these sick animals – they may take the suggestion and run with it.
________________________________
VerbTheAdjectiveNoun wrote:Posted 2010/11/01
at 7:29 AM ET
The church’s handling of this entire situation for hundreds of years has been appalling.
And Oilcruzer: This is a story that should most definitely be open for comments, so that any rcc higher ups that read this get an idea of how angry a lot of Canadians are for doing such a terrible job and attempting to ignore and coverup instead of address a huge problem.
I bet they’d wake up in the vatican in a hurry if our government grew a pair and ended the tax exemption status of religions.
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El Cuervo wrote:Posted 2010/11/01
at 7:18 AM ET
Transparency of the facts,without the names of the victims, would be a good start for an instittuion that purports to be an instructor of morals and ethics.It appears that the tradition of calling in a fixer only protects the perpertrators and the negligent hierarchy.
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Oilcruzer wrote:Posted 2010/11/01
at 6:32 AM ET
This should not be open for comments, at risk of the victims.