Man glad for Limitations Act amendments
Jack Whalen has been pushing government for years to change law
Jack Whalen made a Facebook post this week that was short, sweet and, for him, a long time coming.
“Thank you to everyone who had a part in making this happen,” he wrote. “I am so excited. God bless you.”
Whalen, 64, spent last week in the gallery at the House of Assembly, listening as a group of MHAS took the fight he and others had been waging to the government floor. Over and over again, politicians read in a petition calling for the amendment of a law preventing some survivors of child abuse from suing those responsible — legislation that exists only in this province and New Brunswick.
Whalen was back home in Ontario, where he is undergoing cancer treatment, when Justice Minister John Hogan responded in the legislature Tuesday by introducing a bill to make the amendment to the Limitations Act happen.
“It was good to receive a bit of good news during such a difficult time, but we have not yet had the opportunity to review it,” Whalen and his family told The Telegram in a written message Wednesday. “We hope it will promote access to justice and healing, and help prevent future harm from occurring.”
Premier Andrew Furey has indicated the amendment could be debated in the “nottoo-distant future.”
“It is safe to say that we will be changing the statute,” Furey told reporters.
He indicated he had met with Whalen briefly, and had assured him that his voice had been heard.
Whalen’s supporters and others who have long been lobbying for the change say it’s a good start, even if it did take years of advocating. In an effort to get legislators’ attention on the issue, Whalen went as far as to build a replica of the former Whitbourne Training School isolation cell in which he spent 730 days as a youth, bring it to the steps of Confederation Building, and get in it.
Whalen and his lawyer – his daughter, Brittany – have filed a statement of claim in Newfoundland and Labrador Supreme Court against the province, the attorney general of Canada and a nowdeceased local magistrate, alleging their actions and failures resulted in Whalen’s long-term and continued suffering.
A native of St. John’s, he went into the youth detention centre at age 13 and stayed there four years; his court documents describe him being physically and emotionally abused by staff, deprived of the necessities of life and tortured. He tried to escape dozens of times, and says he was punished each time he was caught.
He says at one point the RCMP in Whitbourne escorted him to the Holyrood courthouse to visit the magistrate, who sexually assaulted him.
While survivors of childhood sexual abuse have no limit on the time they have to sue their abusers, those who endured physical abuse as children have a deadline of two years after they reach the age of majority to do the same.
Survivors of sexual abuse as youth at government-run facilities, including the Whitbourne Training School, in the 1970s and 1980s received compensation through a $12.5-million class action lawsuit in 2022.
Local lawyers such as Lynn Moore and Eli Baker have called on the province to recognize the statute of limitations for physical child abuse doesn’t make sense, especially in this day and age, when the lasting effects of the trauma are well documented and understood.
Moore has taken a challenge of the provincial legislation to court on behalf of a client who, along with his sister, was abused by their father in the 1970s.
Although the father was convicted of physically assaulting both children, only the daughter, whom he also sexually assaulted, was able to settle out of court for compensation. Moore’s client, the son, was until now out of time.
Baker sent letters to each MHA in 2022, urging them to amend the act and remove the time limit, allowing those who experienced physical abuse as children to be compensated. He even suggested legal wording for the amendment, to make the process easier.
“A while back we came to the realization (in provincial law) that when you sexually abuse a child, you can change their life forever,” Baker told The Telegram at the time.
“Our understanding of humans has come a long way and we realize it’s the same for all forms of abuse. When you get a person in their formative years, you can really hurt them and they have no idea that they’re being hurt. It’s tragic.”
On Wednesday, Baker said he’s proud to see the province take a real step to remove the barrier.
“The pressure from within the legislative assembly, from concerned citizens and advocacy groups, abuse survivor Jack Whalen and his daughter and legal counsel Brittany, and the diligence of the press in continuing to cover the issue over many years brought about this amazing change,” he said.
“It is good to see that Premier Andrew Furey and his government have promised that they will prioritize this issue and ensure that survivors will be afforded the justice and support that they deserve.”
Whalen will return to St. John’s in October, when his civil trial is set to take place. In September, he will release a book with multi-awardwinning author Lisa Moore based on his experience at the youth facility, called “Invisible Prisons” and published by Knopf Canada.