Thursday, November 04, 2010

Canada Supreme Court Supports Victim of Catholic Priest Abuse

The Supreme Court of Canada ruled in favor of 37-year-old Shirley Christensen in a decisive victory for victims of sexual abuse by Catholic priests. 

Christensen has been trying to sue the Roman Catholic Archdiocese of Quebec for the abuse she endured as a young girl at the hands of a priest.

Christensen was abused as a child in a Quebec City parish by Rev. Paul-Henri Lachance between 1979 and 1981, but the assaults were only reported in 2006, eventually resulting in a guilty plea by the priest who was sentenced in 2009 to 18 months in jail for the crimes.

Christensen, 36, has tried twice to launch lawsuits but was turned down by Quebec courts, which said she had waited too long because of time limits on when someone can sue for damages in a civil case.

In Quebec there exists a three year window to take legal action following the abuse, which does not exist in most other provinces.

Christensen intended to sue the archdiocese for $250,000 but the Superior Court of Quebec agreed with the church authorities and ruled it inadmissible because the three-year statute of limitations had expired.

However, the Supreme Court wrote that the trial judge must determine whether “inferences can be drawn that establish either that the limitation did not start to run until 2006 or, possibly, that it was suspended in the circumstances of this case.”

But, Christensen’s lawyer Sebastien Grammond said this would force his client to face cross-examination about why she waited to launch the lawsuit and on her psychological state.

“It will be a potentially difficult process and that’s why we invite the church to think again about its position and its strategy in this case and act honorably and make a reasonable offer of settlement,” said Grammond, cited by the Postmedia News, who is also the dean of civil law at the University of Ottawa.

He said the church was using the existing law to cover up the impact of the conduct of its priests.

“It’s a beautiful victory not only for me,” Christensen said, cited by the Toronto Star, “but for all other victims of sexual aggression by pedophile priests in Quebec.”

France Bédard, founder of the Association of Victims of Priests, called the decision “very big” because it could prompt Quebec’s government to change the civil code to modify the statute of limitations.

When Christensen’s parents were told about the abuses they confronted the archdiocese who told them not to call the police and that the matter would be handled internally and the priest was moved.

Christensen alleges that it was not until 2006 that she made the link between her psychological problems and the abuse.

SIC: MAARS/CANADA