Uncategorized Archives - Page 7 of 26 - Halifax Sexual Abuse Claims Blog

February 3rd, 2012

Sports and Scouts at Risk of Liability for Sexual Abuse

Vicarious Liability for Sexual Abuse Claims: What does the Future Hold for Sports Organizations, Scouts and Not-For-Profit Organizations?

Recently CBC’s Fifth Estate aired a report exposing Boy Scouts Canada’s system for recording the names of pedophiles within the organization, euphemistically referred to as the “ineligible volunteer list”.

Graham James recently pleaded guilty to repeated sexual assaults on former NHL star Theo Fleury and another unidentified junior hockey player.

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January 18th, 2012

Crazy Decision of the Month: Greece Defines Pedophilia as a Disability

by John McKiggan

In what has to be one of the most stunning examples in history of government incompetence, the Greek government has decided to expand a list of categories that entitles persons with disability to receive financial support.

I can hear you say…”But wait John, isn’t helping persons with disabilities a good thing?”

Yes it is. Extending aid to persons with legitimate disabilities is not the problem. That’s something any forward thinking person can agree with, right?

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January 16th, 2012

Court to Rule on Reliability of Repressed Memory in Abuse Case

by John McKiggan

Sexual abuse victims often struggle for years with memories of the traumatic abuse they suffered as children. In some cases, the experiences are so traumatic that they block out (or repress) the memories.

This week the Minnesota Supreme Court is hearing a motion to determine the validity of repressed memory in sexual abuse cases.

Courts will not allow expert evidence unless the party seeking to submit the evidence can establish that the evidence is reliable.

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January 4th, 2012

Former Bishop Lahey to be Sentenced on child porn charges today

by John McKiggan

Raymond Lahey, the former Bishop of Antigonish, will hear today how much time he is to serve for his admitted possession of child pornography.

In May last year Lahey surprised the court by pleading guilty and asking to go to jail pending his sentencing hearing.

I speculated at the time that Lahey’s guilty plea was less a sign of contrition and more likely a legal tactic to gain advantage during his sentencing. Courts in Canada have typically granted a two for one credit for time served while awaiting sentencing. Last year Canada changed the law forbidding the 2 for 1 sentencing credit. But Lahey’s lawyer successfully argued that because Lahey was charged in 2009 and the sentencing rules were not changed until 2010, he should still be entitled to the 2 for 1 credit.

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November 21st, 2011

Are Sexual Abuse Injuries Indivisible Invisible, or Both? – Estable v. New

by John McKiggan

Invisible Injuries

One of the greatest challenges in representing survivors of childhood abuse is the fact that, for the most part, the injuries are invisible. That is to say, they are primarily psychological. You cannot point to an x-ray, CT scan or MRI to show the nature and extent of a psychological injury. So in that sense, sexual abuse claims cause “invisible” injuries.

Sad Life Defence

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November 15th, 2011

Did Penn State Steal the Catholic Church’s Playbook?

by John McKiggan

Football fans and Penn State alumni around the world have been shocked by the criminal charges against Jerry Sandusky a former defensive coach for Penn State’s perennial powerhouse football team.

Just Horsing Around?

The criminal charges allege that Sandusky sexually abused eight young boys that he met through a charity that he founded, The Second Mile. Sandusky has denied all the charges, admitting only that he only “horsed around” in the shower with one of the boys that is the subject of some of the criminal charges.

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November 11th, 2011

In Remembrance

by John McKiggan

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November 9th, 2011

Is Archbishop Penney Guilty of Perjury?

by John McKiggan

Former Saint John’s Archbishop Alphonse Penney was aware of sexual abuse allegations against former Roman Catholic Priest James Hickey as early as 1980. This according to evidence filed by the diocese’s insurers who are seeking to deny responsibility for paying civil suits filed against the diocese by Hickey’s sexual abuse victims.

Testified Under Oath

In 1992 Archbishop Penney testified during the Winter Commission investigation that he was not aware of any abuse allegations against Hickey until 1986.

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November 7th, 2011

Boy Scouts Canada Kept Secret List of Abusers: Players are different but the script is the same.

by John McKiggan

Boy Scouts Canada kept a secret list of scout leaders and volunteers who had been convicted of, or accused of sexual abuse according to an investigative report by CBC’s Fifth Estate.

Secret List of Abusers

According to media reports the Boy Scouts of America have long maintained a list of scout leaders and volunteers who had been accused of inappropriate sexual behavior with children.

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November 3rd, 2011

Former Catholic Priest Picot Appeals to Supreme Court of Canada

by John McKiggan

Charles Picot, a former Catholic priest employed by the Diocese of Bathurst in New Brunswick was acquitted of indecent assault against a former altar boy in March 2010. Picot had previously been convicted of other sexual assault charges involving other young boys.

The alleged victim appealed, and in a two to one decision Justice Bell ruled for the New Brunswick Court of Appeal that the trial judge didn’t properly consider all of the evidence. The Court of Appeal ordered a retrial.

It has come to our attention that Picot has now requested leave (permission) to appeal to the Supreme Court of Canada.

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