The statement of claim, filed in Winnipeg's Court of King's Bench last week, alleges the Archdiocese of Keewatin-Le Pas was negligent and failed to "employ reasonable safeguards to ensure the plaintiff was safe" at the premises of Our Lady of The Sacred Heart Cathedral in The Pas, allowing the alleged sex assaults to occur for years.
The plaintiff met the alleged perpetrator, a man referred to in the lawsuit only as Brother Nadeau, more than five decades ago, while he was involved with the church, the lawsuit says. At the time the plaintiff was a young child "vulnerable and in need of guidance," the court filing says.
The lawsuit claims Nadeau used a "position of power" granted by the archdiocese to prey on and sexually assault the plaintiff on repeated occasions that increased in "frequency, nature and intensity" between 1965 and 1968.
Nadeau also used his position of authority to "ensure that the plaintiff did not tell anyone about his wrongdoing," facilitating the abuse and making the plaintiff feel "unsafe" to report it, the suit says.
"The perpetrator [Nadeau] willfully and/or negligently inflicted pain and suffering … humiliation and degradation upon the plaintiff," the suit says, interfering with the plaintiff's "normal childhood and future relationships, solely for the purpose of his own gratification."
None of the allegations on the statement of claim have been tested in court, and it isn't clear from the lawsuit whether criminal charges were laid in connection with the assaults.
Archdiocese created sexual-assault risk: lawsuit
The court filing alleges the archdiocese:
Was negligent and failed in its duty by not employing reasonable safeguards to ensure the plaintiff was safe at the church.
Created the risk of sexual assault by failing to investigate Nadeau's background, character and psychological state thoroughly before hiring him, and then failed to "properly supervise" him while on the post.
Granted Nadeau the means to encounter the plaintiff and foster a "trusting relationship."
At the time, the archdiocese's rules and policies created an opportunity for Nadeau to "exert power" and, as a result of his position, "take advantage of the plaintiff under the guise of conducting the activities of a religious Brother."
"The defendant oversaw the activities at the church, therefore had the power to inspect … and the duty to oversee all activities in a way that could have prevented the sexual assault from happening," the lawsuit said.
In response to a query from CBC News, the The Archdiocese of Keewatin-Le Pas responded with this statement:
"We just became aware of this filing through you. We are committed to full participation in any investigation of misconduct. We continue to work with people to support healing and reconciliation. We hope to help with emotional and spiritual healing for all victims of abuse."
No statement of defence has been filed in response to the suit.
The court filing says the archdiocese denied or was "willfully blind" to the existence of Nadeau's "wrongful behaviour," failing also to document, discipline or terminate him for his shortcomings, and warn others who might have come in contact with him at the time.
Abuse continues to inflict pain: suit
The archdiocese "implemented and maintained a system which was designed to cover up the existence of such behaviour, if such behaviours were ever reported," and even when it became aware of Nadeau's "shortcomings," it failed to "adequately counsel and assist the plaintiff," the lawsuit said.
The plaintiff claims the sexual abuse has caused and continues to inflict pain, including loss of physical health, mental anguish and shortened work life.
The plaintiff has undergone medical treatment and psychological and spiritual counselling since, incurring the loss of expenses. The plaintiff is seeking general and special damages from the archdiocese through the lawsuit, including health-care costs.
"The conduct of the defendant
described herein was harsh, high-handed and malicious," the suit says.
"As such, should be punished with aggravated, exemplary and/or punitive
damages."