Whitehorse Daily Star

Catholic Diocese faces a lawsuit

A former Yukon resident is suing the Catholic Diocese of Whitehorse, the commissioner of the Yukon and others for damages resulting from alleged incidences of sexual abuse, which date back to the 1960s.

By Elizabeth Hames on June 15, 2010

A former Yukon resident is suing the Catholic Diocese of Whitehorse, the commissioner of the Yukon and others for damages resulting from alleged incidences of sexual abuse, which date back to the 1960s.

Nearly 50 years after the alleged abuses occurred, a man who lived in a Yukon foster home as a child is suing the commissioner, the Catholic Episcopal Corp. of Whitehorse (the Catholic diocese of Whitehorse), and three unnamed individuals – JV, John Doe and Jane Doe.

Due to a court-ordered publication ban, the plaintiff's identity cannot be revealed.

In documents filed with Yukon Supreme Court, the plaintiff, now a B.C. resident, claims he was "repeatedly and persistently sexually assaulted by the (d)efendant JV.”

The documents state that between 1965 and 1967, the plaintiff was placed by the territory's child welfare system in the Villa Madonna Group Home. Between 1967 and 1975, the document say, the plaintiff was sent to the JV foster home, also in the Whitehorse area.

Throughout those years, John Doe and Jane Doe were responsible for supervising those working in, residing in or present at those locations, and it was their duty to ensure the plaintiff's safety.

JV was present at the Villa Madonna and lived in and worked at the JV foster home.

The documents indicate that JV is directly liable for the sexual abuse, and John Doe and Jane Doe are also liable for their negligence and failure to protect the plaintiff from harm.

Because John Doe and Jane Doe were employees of the commissioner, the diocese or both of them, the commissioner and the diocese are vicariously liable.

The commissioner and the diocese should have been aware that the plaintiff was sexually assaulted, and that JV "had sexual predation activities or tendencies toward young boys like the (p)laintiff...” reads the plaintiff's statement of claim.

The plaintiff also says the commissioner and the diocese, who were responsible for the plaintiff's placement, should have taken reasonable steps to protect him from harm.

One or both of those bodies had an obligation to inspect the premises of the residences where the plaintiff was placed. Whether these inspections took place was not explicitly stated in the documents.

As a result of the sexual abuse, the plaintiff suffers injuries including: "severe emotional and psychiatric illnesses ... loss of self-esteem ... inability to form healthy emotional attachments with others ... alcohol and drug abuse ... inability to complete an educational program and to maintain gainful employment,” reads the plaintiff's statement of claim.

The plaintiff also incurred monetary losses and damages including loss of income and loss of earning capacity, special damages and expenses, the need for future and other services, and extraordinary assistance from family members.

The plaintiff is claiming against the defendants: general damages, special damages, punitive, exemplary and aggravated damages, prejudgment interest and costs.

The plaintiff is represented by Dan Shier, with the Lackowicz, Shier and Hoffman law firm in Whitehorse.

Shier also represented other victims of sexual assault, including a plaintiff involved in a civil suit against the Yukon government in 2008.

That plaintiff claimed he was sexually abused by a janitor, a family friend, his school principal and babysitter.

In that case, Shier requested $1.2 million in damages for his client.

Supreme Court Justice John Richard instead awarded the plaintiff $30,000 in damages for abuse he sustained at the hands of a babysitter.

Comments (13)

Up 2 Down 1

DG on Jun 24, 2010 at 9:54 am

If I am not mistaken Remembrance Day Remembers every person who gives the their life in the service of their country whether it be RCMP, Coast Guard to the Military. And if I am not mistaken FNs in the war were a part of the military. Ergo we do remember and honor those that lost their lives.

All comments in this column have a certain disrespect to one skin color or another.

Where are these people who actually committed the crimes are they being punished.

We are all one species remember that.

As for the government paying the price you are quite wrong about that it is my tax dollars that pay for this boondoggle.

I am sorry for what I did not do but that ain't gonna change the past, your job as a member of society is to get past your past and work towards the future as a member of a modern nation.

As far as raping and pillaging was it really the country or was it the men who did it. You are holding us all hostage by stating that we were responsible for this.

Heck I wasn't even born when most of this was happening.

Up 0 Down 0

shenya on Jun 24, 2010 at 6:24 am

To JC and those who call me a liar. I am a survivor of Residential School and I was sexually and physically abused.

If you have children of your own and if your child come forth to disclose Do Not Turn Away! Beleive your children or those who want to talk.

Racism is alive and well. I know.

Up 1 Down 1

lady of the lake on Jun 24, 2010 at 5:56 am

At no point did I attempt to minimize the pain that any other cultures/races have faced as many others have done on this site. Many First Nation's fought and died in the world war but because of the Canadian Government and the racism that still exists (as evidenced from so many comments above) our people were not acknowledged as war veterans and did not receive any recognition of their service to the country that raped pillaged and murdered their people. You speak of the losses that other races have suffered but can you honestly say you have any idea of the things that have and still happen to First Nation people in this country? I merely commented that we as First Nation people will survive all of the previous abuse and the continuing. It is you who is trying to minimize pain and suffering of a people by interjecting uneducated insinuations. (Not all First Nation people have their education paid for and many do not receive treatment from their governments)

Up 1 Down 0

LM on Jun 24, 2010 at 1:42 am

Well said Ugly Duckling! Once "everyone" understands that everyone has lost alittle throughout history maybe the racisim on all sides will cease to exist. It isn't just onesided. What happened in the residential/Catholic schools was criminal and needs to be addressed but the government has been paying for it and will continue to pay. Maybe i won't hold my breath but we need to learn to live together and show respect for all walks of life. Happy Summer Solstice.

Up 2 Down 0

ugly duckling on Jun 23, 2010 at 6:35 am

lady of the lake:

You say: We are from a strong proud people who have survived way worse than people like JC; I would like you to know that many non-natives have lost just as much as the natives. We lost many a young men, fathers brothers to the world wars to help protect our(your) land fromothers who wanted to overtake it! Many of us have alcohol and drug problems, but cannot afford any treatment as our government will not pay, and many cannot afford to go to school, they do not have a government that will pay their way. I can go on and on, but your race is not the only one to have lost so much! So please have a little respect for those of us who have also lost their heritage,culture and rights. Happy Summer Solsitice!!

Up 1 Down 1

lady of the lake on Jun 21, 2010 at 12:50 pm

Happy NATIONAL ABORIGINAL DAY! We are from a strong proud people who have survived way worse than people like JC and we will continue to regain our heritage, culture and rights. We will prosper despite not because of ignorant people.

Up 0 Down 1

Anonymous on Jun 20, 2010 at 2:38 am

JC,

Though your experience was different from others in Catholic Residential Schools, many are telling the truth. There were many residential schools throughout Canada and you may have been lucky enough to be in one without the abuse present.

But please, don't say everyone who was abused is lying. I myself have never endured anything as such, but I have many friends who have and it's no lie. And yes, sadly it would have been a racial thing. The FN childeren were seen as lesser people in many of these schools and unfortunatly the white children would have been favoured and safer. I hate to say it but in your example, yes racism would have been a factor surrounding the abuse. Times have changed and people have changed, but the damage will be passed through the families as many of them who suffered did not know how to deal with the emotional scarring or how to tell someone what was happening.

Please, in this instance show a little compassion.

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Young Lady on Jun 18, 2010 at 9:41 am

Maybe they went after the natives becuase they were not in direct contact with the their parents like the whites were.

Up 1 Down 2

JC on Jun 17, 2010 at 2:04 pm

OMG: Its all for the money. Why would these staff members just go after Natives and not white kids. It sounds like you are the racist. And you said you personally know at least a half a dozen people who were sexually abused in residential schools. Oh yeah! And just how do you know they are telling the truth. I too, know several Natives that made that charge also, but just don't believe them. By the way, I worked in prisons for several years outside the territory and know lies when I hear them. its not hard to get at the truth if truth is what you want. But for many, its like the old Marine Colonel said, "You can't handle the truth!" Especially where money in involved.

Up 1 Down 1

TCB on Jun 17, 2010 at 9:23 am

I had the pleasure of living in a convent in our Yukon, along with my seven brothers and sisters. No sexual abuse was ever mentioned in anyway or form. We had rules in the Convent which every outfit needs. Thank GOD,It got me out of the bush to better myself.The bush is still there to go back to.

Up 0 Down 3

OMG on Jun 17, 2010 at 1:04 am

Wow are you f'ing kidding me?? "I find it rather odd that the Natives who lived in these homes are complaining of sexual abuse after all these years and nothing coming from the whites who also lived in them" Did you ever think its because these places were run by whites who were racist towards First Nations people. I personally know half a dozen people who were physically and sexually abused in residential schools and they're all First Nations whom are highly respected within their communities!!

Up 1 Down 1

francias pillman on Jun 16, 2010 at 10:13 am

Oh you mean all those pedophiles JC? By the hands of GOD eh? Pass the collection plate please.

Up 1 Down 4

JC on Jun 15, 2010 at 8:53 am

I spent 3 years in a Catholic residential school - St Joseph's Boarding school. It was originally built for Natives and while I and my 6 siblings were there held at least 50% Native. Residential schools weren't just for Natives. In some cases they were called orphanages - same thing. None of us were ever abused in any way, but were looked after very well. I later spent 10 years in various foster homes. All treated me and my brothers and sisters well. There was no abuse of any kind.

I find it rather odd that the Natives who lived in these homes are complaining of sexual abuse after all these years and nothing coming from the whites who also lived in them. I thank the Roman Catholic Church Nuns and Priest who were so good to us to this day. They were hard working people and very dedicated to their mission. They will be rewarded. God bless them.

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