Whitehorse Daily Star

Ex-group home resident assaulted, suit alleges

Sexual and physical assaults of a youth in the late 1970s at a Watson Lake group home have resulted in a man who has suffered from alcohol abuse, suicidal thoughts, loss of self-esteem and other problems in his life, says a lawsuit filed in Yukon Supreme Court.

By Whitehorse Star on January 29, 2007

Sexual and physical assaults of a youth in the late 1970s at a Watson Lake group home have resulted in a man who has suffered from alcohol abuse, suicidal thoughts, loss of self-esteem and other problems in his life, says a lawsuit filed in Yukon Supreme Court.

A publication ban has been placed on the identity of the former resident, whose suit was filed last Thursday.

'As a result of sexual assaults and physical assaults, the plaintiff suffered and continues to suffer physical, mental, emotional and spiritual injuries�-.'

Those injuries have also included severe post-traumatic stress disorder, the inability to form healthy, emotional attachments to others and the impaired ability to complete an education as well as obtain and maintain gainful employment, it's noted in the statement of claim against the commissioner of the Yukon and the two former operators of the group home, Alex and Anne Mercier.

At the time, the commissioner, in representing the Queen, was responsible for the governance of the territory including group homes.

Court documents state another resident continually sexually assaulted him.

The victim told Anne Mercier of the sexual assaults by the other resident, but there weren't any appropriate steps taken to prevent recurrences, court documents say. They continued happening after he reported it, it's stated in the court file.

The commissioner, through the territory's children's services branch, was or should have been aware that physical and sexual assaults were taking place at the home, the documents say.

The commissioner was or should have been told the other resident was committing sexual assaults on youth staying there, and that the other resident had sexual predation tendencies and would or was likely to commit sexual assaults on the other residents.

The commissioner, the court documents continue, through the children's services branch, also breached its duty of care by:

failing to investigate the Merciers' suitability to be in charge of young children such as the plaintiff on an unsupervised basis;

failing to supervise the Merciers in any reasonable fashion;

failing to take any reasonable steps to make sure the plaintiff wasn't placed in any danger of sexual predation by other residents at the group home;

failing to ensure the suitability of the other resident accused of sexual abuse to be placed in a group home; and

failing to advise other people responsible for the operation of group homes or the welfare of other residents that the other resident was committing or was likely to commit sexual or physical abuse of residents, in particular the plaintiff.

The assaults also meant the former resident has incurred a loss of income and earning capacity as well as special damages and expenses, including the cost of insured medical services.

He will also continue to require further medical and other services in the future, it's noted.

It's also pointed out in the documents that he's received a lot of help from his family and is claiming trust damages for family members who have given him assistance.

In total, his claim includes general damages, special damages, punitive damages, prejudgment interest, costs and anything else the court deems just.

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