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Diocese settles lawsuit for $13 million
by Nicole Myshak
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Diocese of Antigonish Bishop Raymond Lahey reads from a statement during a press conference Friday morning announcing the Diocese has settled a class action lawsuit. Ronald Martin (right) brought forth the lawsuit following the suicide of his brother David. The Bishop began his statement with an apology to the victims of sexual abuse. (Nicole Myshak photo)
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Bishop Raymond Lahey signed a proposed settlement of more than $13 million in a class action lawsuit against the Diocese of Antigonish during a press conference in Halifax Friday. He also offered an apology to sexual abuse victims and their families.
“This is an extraordinary resolution,” said John McKiggan, the lawyer representing Ronald Martin, the representative plaintiff for the lawsuit. “This is an historic occasion; it’s something we’ve never seen in Canada.”
The lawsuit, which was filed by Martin, concerned sexual abuse perpetrated by priests of the diocese and sought compensation for the victims of this abuse.
The proposed settlement to this lawsuit, which was also signed by Martin, would see the diocese pay up to $12 million towards a settlement fund to enable compensation of eligible class members who were sexually assaulted since Jan. 1, 1950. The settlement would also have the Diocese of Antigonish create an expense fund of $1 million to pay the expenses of the settlement as well as a costs fund to provide for certain claimants’ costs.
Those who choose to participate in the settlement will be required to file a claim within a specified time in order to qualify and they may also be subject to evaluation by a neutral medical expert.
McKiggan said by participating in the settlement process victims were not prevented from contacting the police or pursuing criminal charges against the priests involved.
“This process today is about healing, recognizing the harm to victims and creating reconciliation between the victims and the diocese,” he said. “It does not mean that priests who have not faced criminal charges will never be held individually accountable, but what this process does is create a fair and equitable way for victims of sexual abuse to receive compensation in a private, respectful forum that will allow them to reconcile with the Church.”
Besides noting that he had “already been contacted by more than two dozen [people] who will be members of the class,” the legal counsel revealed amongst these individuals were those alleging abuse by three priests, all of whom are deceased, who have never faced criminal charges.
To all those who have suffered abuse by such priests Bishop Lahey offered an apology.
“As Bishop of Antigonish, I want to formally apologize to every victim and to their families for the sexual abuse that was inflicted upon those young people who were entitled instead to the trust and protection of priests of the Church,” he said. “I want them to know how terribly sorry we are; how wrong this abuse was, and how we are now trying to right these past wrongs.”
“No matter how many years have gone by, we have to do what is right today,” continued the bishop. “Sexual abuse, indeed any abuse, is wrong. It is a crime, and it is a serious sin against God.”
Acknowledging “money can never compensate fully,” the bishop expressed the intention that this process be “fair, responsible, respectful and, above all, compassionate.”
The bishop’s apology signified a new beginning for Martin.
“To hear the bishop say today that the diocese accepts responsibility and apologizes is huge to me and to my family,” he explained. “That’s at least a beginning point for some type of healing. On behalf of myself and my family, and especially my brother David, I accept Bishop Lahey’s apology and I pray that our diocese continue its commitment to this peaceful resolution.”
The suicide note of Martin’s brother David prompted a criminal investigation into Father Hugh Vincent MacDonald which resulted in several charges of sexual assault. Father MacDonald died before facing trial.
Martin, a parishioner of St. Theresa Church in Sydney, voiced his hope for “a service of reconciliation and healing” where as a diocese people “can come together to celebrate Eucharist and offer forgiveness to each other so that our Church might heal.”
Asked what he would say to the faithful who are concerned about what this settlement will mean for their individual parishes, Bishop Lahey reiterated what was emphasized during his opening statement.
“If this was your brother or sister, if this was your mother or father, if this was your son or daughter who was abused, you would want the right thing to be done,” he proposed. “Yes, it’s going to be hard. But we have to do what is right and we have to go forward from here.”
“We are trying to preserve the core properties of parishes which would include the church and the glebe house,” Bishop Lahey added. “But obviously there are going to be very heavy financial burdens upon every parish as a result of this.”
The proposed settlement, which must receive approval by the court in order for it to become effective, will have its approval hearings at the Supreme Court of Nova Scotia in Halifax Sept. 10 and 11.
For more information on the settlement visit www.dioceseclassaction.com.
The Diocese of Antigonish held a regional meeting for parish council executives 10 a.m. Tuesday at St. Ninian Place. The meeting was closed to the press. For more coverage and reaction to the proposed settlement, see next week’s Casket or visit www.thecasket.ca.
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