Retired judge developed compensation scale for roughly 35 victims
Last Updated: Wednesday, October 27, 2010 | 11:35 AM AT
CBC News
Michel Bastarache, a retired Supreme Court of Canada justice, will give the Diocese of Bathurst his recommendations Nov. 1 for compensation to victims who were sexually assaulted by Roman Catholic clergy in the Acadian peninsula. (Jacques Boissinot/Canadian Press)
Retired Supreme Court justice Michel Bastarache is preparing to give the Diocese of Bathurst his recommendations for compensation to victims who were sexually assaulted by Roman Catholic clergy in the Acadian peninsula.
The Diocese of Bathurst hired the former Supreme Court of Canada justice earlier this year to speak to anyone in the church who was abused by any clergy in the diocese.
Bastarache was hired 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 met with victims over the summer and will present his recommendations for compensation to the bishop of the diocese on Nov. 1.
Charles Picot is facing sexual assault charges related to alleged offences during his time as a priest in Dalhousie in 1978. (CBC)
The retired judge said in an interview he expects the diocese will give him approval after that meeting to hand over compensation to the victims. Once the church transfers him the funds he can then make the cheques to those individuals on the list.
Bastarache said in a meeting with the 45 people who came forward, it was revealed that other priests in the diocese were also accused of abuse.
“In actual fact there are a larger number of priests that are involved. I can’t give the names, but the bishop will have to decide himself whether he wants to make public those names,” Bastarache said.
The retired justice would not say how many clergy have been named by victims during his meetings but he said some have died.
As well, Bastarache said some of the victims named priests who are not in the Bathurst diocese and it will be up to the church leaders to contact the dioceses affected by those allegations to see if they would pay the compensation Bastarache is recommending.
He expects the compensation process can be done by the end of November or into December. When the review began, Bastarache said he wanted it to be concluded within six months, a timeframe that he suggests is still achievable.
The diocese would not comment on the findings.
Compensation package
Bastarache is not commenting on how much he is calling for the victims to receive in compensation.
When coming up with a compensation system, Bastarache said he created a unique process that sets out a scale for potential payment.
The retired judge said 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.
He then reviewed various legal precedents for compensation given to other sexual assault victims to come up with a payment range.
“My objective was to provide a compensation that would resemble as much as possible what would be obtained in a court process. But I didn’t have a budget or anything like that,” he said.
“I just proceeded that way and make a calculation for all of my victims and come up with a number and I give that to the bishop and say can you transfer that much money to me to make these compensation offers.”
Bastarache said it will be up to the church to decide to release how much money will be paid out to the victims.
Bastarache will not reveal how much he thinks the church should pay out. But he said the process will save the victims from a long legal battle.
“This offers, I think, the best offer of coming to fair solution and permitting all of these people to get compensation without the need to identify themselves, to go to court, to testify, which I think would have been extremely difficult for a large number of people that I have met,” Bastarache said.
The diocese, however, will still face a court challenge.
Of the roughly 45 people who met with Bastarache, he said nine of the victims opted not to participate in conciliation and they are launching lawsuits instead.
Confidentiality promise
During the process, Bastarache promised the victims confidentiality. He met with the individuals, reviewed their medical files and hired an outside psychologist to assist in the assessment.
The church will not be given the names of the individuals involved, instead they will only see the number of victims and where they fit into the scale established by Bastarache.
Once he hands out the compensation cheques, Bastarache said he will destroy the files to assure the victims of confidentiality.
Note Bastarache said: “there are a large number of priest that are involved.”
Note “I can’t give the names.”
Note: some of the victims named priests who are not in the Bathurst Diocese.
Note: “the bishop will have to decide himself whether he wants to make public those names.”
There’s something wrong here.
Why are these anonymous but known clerical molesters still being protected?
Will Bishop Valery Vienneau do the right thing and identify the wolves in sheep’s clothing who have been preying on the flock?
This is really bothering me.
Did Bastarche urge victims to pursue criminal charges? If criminal acts were committed should criminal action not be pursued?
I am sick!!
William Blake says “when though is closed in caves, then love shall show it’s root in deepest hell” the conspiracy of silence and hiding the truth is a big part of the problem, truth shall set you free I think organized religions need more democracy and more transparency for them to become attractive in carrying a message of lave, tolerance and compassion. I hope you and your husband are feeling better.
I think Michel that those who protect clerical molesters within the Church would claim they do so out of love, tolerance and compassion, and, ideed, the levels of tolerance and compassion bestowed upon clerical predators has known few bounds.
We could get into a debate on all of this, partucularly the democracy part. I’m not going there 🙂
From my perspective, when it comes to clerical sexual predators suffice to say that I believe Church officials have sorely abused their God-given authority. To my knowledge God does not demand tolerance of predatory clery. Nor, to my knowledge, does He demand lies and deception to protect them.
You are right Michel – there is definitely a need for transparency. Catholics have a right to know which priests are – or, if deceased, were – wolves in sheep’s clothing. I believe that, for a number of reasons, our bishops have an obligation to publicly identify known clerical sexual predators. I believe that is the right thing to do. It is being done in other countries. It should be done in Canada.
Yes, thank you, feeling much better today 🙂