Top court denies sex abuse appeal

MOUNT CASHEL

ST. JOHN'S, N.L. • The Supreme Court of Canada has refused a bid by the Roman Catholic archdiocese in St. John's to appeal a ruling that found it liable for sexual abuse at the former Mount Cashel orphanage.

Thursday's court decision ends a legal battle that first shook Newfoundland and Labrador decades ago. It also determines once and for all that the Church has a responsibility to the victims of the abuse that took place at the notorious former orphanage, at the hands of the Christian Brothers in the 1950s.

The case was a tipping point for many in the province, marking a sharp turn away from unquestioned faith within a society growing increasingly disillusioned with the Church.

Geoff Budden, lawyer for the four lead plaintiffs, said the decision represents a landmark day for the province. “It's now a matter of proven law that the Roman Catholic Episcopal Corporation was closely involved in the operation of Mount Cashel and has legal responsibility for what happened within those walls,” he said in an interview Thursday. “That's no longer an allegation or an accusation. That's proven law.”

The legal battle began in December 1999 and Budden estimates he's been in court 30 or 40 times to see the case through. The victims, who were boys at the time of the abuse, are now in their 70s and 80s.

The archdiocese will now have to pay the four lead plaintiffs about $2 million, divided among them. There are dozens more survivors; Budden said with Thursday's decision, there is now a clear path for them to seek compensation.

Following the court's decision to deny the appeal, the St. John's archdiocese issued a statement saying it would not comment until it had reviewed the decision with lawyers.

“The archdiocese of St. John's has immense sympathy for those who suffered abuse at Mount Cashel Orphanage,” the statement said. “We ask that all join with us in praying for healing for those who suffer as a result of the abuse.”

As is custom, the court did not provide a reason for its decision to deny the request.

The orphanage was closed in 1990 and demolished in 1992. The public learned in the 1980s about the sexual abuse at the orphanage.