Former Havre Boucher man launches sexual abuse lawsuit
Connor MacEachern connormac@thecasket.ca


      A lawsuit against the Diocese of Antigonish and the Archdiocese of Halifax could make crucial information public, Aaron Lealess says.
      “If there’s a deep-rooted problem of clergy sexual abuse, investigating that and exposing that is [the] goal.”
      Lealess, of Ledroit Beckett Litigation Lawyers in London, Ont., is Philip Latimer’s lawyer in a $2-million lawsuit against the Diocese of Antigonish and the Archdiocese of Halifax alleging the late Father Allan A. MacDonald molested Latimer in Havre Boucher over four years in the 1970s.
      The lawsuit is separate from the more than $13-million settlement between Ronald Martin and the Diocese of Antigonish for victims of sexual abuse by priests. Father MacDonald was not one of the priests named in the settlement, nor have any allegations against him been proven in court.
      Lealess said a lawsuit and investigation will make more information public than the settlement, which discloses records to the victims.
      The information revealed during a 2003 sexual abuse lawsuit Lealess worked on was “overwhelming,” he added.
      “Each document leads to more documents.”
      John McKiggan, Ronald Martin’s lawyer in the settlement with the Diocese of Antigonish, said survivors will get full disclosure under the settlement agreement.
      “There is full and complete disclosure to survivors in the class action, the same as making an individual claim in litigation,” he wrote in an email. “But the class action has the benefit of being private while litigation is public.”
      “Survivors are entitled to opt out if they want to file an individual law suit. But it would be unfortunate if someone opted out and lost the benefits of the class action because they misunderstood what the class action is about,” he added.
      McKiggan outlined other differences between a lawsuit and a settlement, including settlement expenses are paid for by the diocese, the settlement is quicker than a lawsuit and does not include a cross-examination by the defence.
      “If Mr. Latimer or his lawyer had called me to ask questions, I could have explained that their understanding of the process is not correct,” he wrote. “Then Mr. Latimer would not have lost the benefits of the class action.”
      At a news conference in Halifax last week, Latimer, 47, said he opted out of the settlement when he found out former Diocese of Antigonish Bishop Raymond Lahey had been charged with possession and importation of child pornography. Lahey helped negotiate the settlement between the diocese and sexual abuse victims.
      "That triggered something within me," Latimer said. "I have been keeping track of it, putting it out of mind as best I could, but when the man that orchestrated the deal was no different than the man that committed the crime allegedly ... that did it for me."
      Lealess said the civil lawsuit exposes a limitation of the settlement. Abuse survivors can apply to the settlement until Dec. 4, 2009. A 180-day period follows during which alleged victims can opt in after proving an exceptional circumstance, he said. Following that 180 days, no one can opt in to the settlement, he said.
      “Victims of sexual abuse have a hard time coming forward and speaking about it due to the guilt and shame and other psychological effects,” he added. “What about the victim who was abused maybe 20 years ago but isn’t ready to speak about it?”
      The 22-page lawsuit claim also named the Archdiocese of Halifax.
      “The Archdiocese is responsible for supervising the observance of faith and ecclesiastical discipline of the Diocese,” the claim reads. “The Archdiocese thereby exercises substantial authority and control over the Diocese is thereby responsible and liable for the actions and/or inactions of the Diocese.”
      “If the diocese failed, then our argument is the Archdiocese was responsible for stepping in,” Lealess said.
      With Archbishop of Halifax Anthony Mancini acting as the administrative head of the Diocese of Antigonish following the resignation of former Bishop Lahey, the “line is blurred about who is in control,” Lealess added.
      The Diocese of Antigonish can walk away from the settlement with sexual abuse victims if victims opt out in favour of lawsuits.
      “That’s up to the Diocese, that’s their decision,” Lealess said.
      Bruce MacIntosh, lawyer for the Diocese of Antigonish, could not be reached for comment.
      Lealess said both he and Latimer have been contacted by people interested in starting a claim against the Diocese stemming from alleged abuse by Father MacDonald.
      “It’s nothing firm yet, but there’s interest.”