Dozens of victims of sexual abuse by Roman Catholic priests in central and western Nova Scotia are finally set to be paid compensation, nearly four years after the settlement of a class-action lawsuit against the Archdiocese of Halifax-Yarmouth.
The confirmation by lawyers that cheques are anticipated to be sent out mid-September comes after concern earlier this year from some claimants — and from the judge overseeing the case — about the long wait for payouts and what some viewed as a lack of communication.
Timothy Clark, who was abused by a priest in the mid-1980s when he was a teen and spoke publicly this spring about his frustrations with the case, said this week he’s pleased the process is nearing completion and feels like an emotional weight is lifting.
“Overall, I’m still not satisfied that the process itself was as good as it could have been,” he said. “But I’m willing to overlook part of that now that the end is coming.”
The class-action lawsuit covers victims who were abused between 1954 and 2020. More than 65 have been approved for compensation ranging from $21,799 to $303,294, according to a chart filed in court, calculated based on the nature of abuse and the harm suffered.
Nova Scotia Supreme Court Justice Christa Brothers approved a settlement in November 2022 where the archdiocese would pay $10 million, including $3.2 million to the law firms behind the class action.
Lawyers for both the class-action members and the archdiocese have said a number of issues led to delays in paying out the money to victims, including that a large number of claims were filed toward the end of 2023, as the one-year deadline for submissions neared.
It took time to organize interviews with a number of claimants in cases where the archdiocese sought to clarify details, with some reluctant to undergo questioning about the abuse they suffered, according to John McKiggan, one of the lawyers who led the class action.
Several cases went to a third-party adjudicator. Given the settlement set aside a fixed amount of money, payments could only be made once all cases had been assessed, as the number and nature would determine how much each victim received.
“I’m pleased that we’re finally able to bring it to a resolution,” McKiggan said this week. “I know that the process has been stressful for some of the survivors, some of the class members.”
He said it’s been particularly difficult for victims who were approved for compensation early on but have had to wait a number of years to finally receive their money.
The Archbishop of Halifax-Yarmouth, Brian Dunn, said in an email the archdiocese is “happy that this closes a chapter for these victims and we are happy to have been able to provide this compensation.”
Melanie Comstock, a lawyer for the archdiocese, said the payouts are among the highest in Canada for a class action involving historic abuse. She said she believes the process was fair to both victims and the church.
One thing that slowed the process, Comstock said, was the more novel approach taken in determining compensation, one that allowed claimants greater choice in how to proceed.
Most chose the first route, submitting a written claim and then perhaps facing a short interview to clarify details. But those who believed they deserved a higher level of compensation could take a second route, submitting more evidence and potentially undergoing in-depth questioning.
“Certainly the church wants to compensate all victims,” Comstock said in an interview. “But we don’t want to be paying out claims that aren’t valid, quite frankly.”
Clark, who was sexually abused when he was 14 years old, said money was never the key factor that drove him to join the class action. Instead, he hoped it would be a way he could finally reveal what happened to him and find acknowledgment.
He had hoped that as part of the lawsuit he would be given a chance to sit down with someone in leadership at the archdiocese to talk about the abuse he suffered. But that was not part of the process, and Clark said he’s come to accept it.
“The process itself feels like it’s designed in the interests of the legal system, not in the interest of the people who are the victims,” he said.
Clark had been critical of what he said was a lack of communication from the law firms behind the class action about what was causing the delays. He said that’s improved since he spoke publicly about his concerns.
He said he is grateful for the money he will receive, which according to the chart filed in court is about $52,000, and will use it to pay off debt he accrued to help send his two children to university.
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