Firm calls on church to kick out bad priests

The law firm representing victims who suffered sexual abuse at the hands of Catholic priests says maintaining the abusers’ status as priests is an insult to victims and good priests alike.

At a press conference Oct. 19 at the Radisson Hotel, Rob Talach called on the church to defrock clergy who have been convicted of sex crimes. Talach, a lawyer with the firm Ledriot Beckett Litigation Lawyers, also wants the local diocese to help pay for counselling of victims of abuse, and to create a sexual abuse policy with input from victims.

“You would be shocked to learn that many of those local offending priests still hold the honourable designation of ‘father,’ ” Talach said. “Retired from active ministry is their official disposition, but regardless, they are still priests of the Roman Catholic Church … It is an affront to good priests and an insult to victims.”

Flanked by four local victims who have agreed to allow their names to be printed in hopes of encouraging other victims to step forward, Talach showed reporters a copy of the Canadian Catholic Church Directory, which lists all priests living in Canada, along with their addresses.

He pointed to six priests found guilty of abuse who are still listed in the directory: Fr. Bernard Cloutier, who is still in jail; Fr. Donald Holmes, who already served time and lives in Sudbury; Fr. Hod Marshall, who was convicted last year and now lives in Toronto; Fr. Thomas O’Dell, convicted in 1992 and 2000, whose current address is unknown; Fr. Gerald Roy, convicted in 2001 and currently living outside of Warren; and Fr. John E. Sullivan, convicted in 1990 and currently living in Montreal.

“All six of these gentlemen are still in here,” Talach said, directory in hand. “Let’s get them out of this book and let’s get them out of the priesthood.”

Denis Beland, who was victimized by Marshall, said there are ways for the church to take the title of priest away from men who have committed crimes.

“We all know men who have left the priesthood, and left in good stead” Beland said. “In fact, in 1968-69, when Ted (Holland) and I were young bucks at St. Charles College, there were five such priests who left, and these were good men.

“So priests do leave. Bad priests can be defrocked. There is a process.”
Talach said the final decision rests with the Vatican on whether a priest will be removed from the clergy. But the process has to start within individual dioceses.

“So do the paperwork,” he said. “Take all the steps as a local bishop that you can to make this happen.

“Father Cloutier is a good case in point. He’s serving time right now in a federal penitentiary right now for multiple sex offences, but he’s a priest in good standing in this diocese. How can you have that contradiction?”

Talach also said trying to get Diocese of Sault Ste. Marie to help fund counselling for victims of abuse has been frustrating.

“Up here, in this diocese, it’s the Middle Ages,” he said. “That concept is very well received in other regions, with other organizations ... I can give you a list of other dioceses that do it automatically.”

When they have tried to get funding locally, they’re told there’s no money for it and the insurance company won’t pay for it.

“On my way here today, Denis took me by Christ the King Church, which has got a brand new copper roof,” he said. “That would have paid for a lot of counselling.”

Robert Roussel, who was assaulted by Clouthier, said there always seems to be money to send priests who have committed the crimes away to private retreats so they can get help.

“Why is it they have money for that, but us as parishioners, who basically pay for their house, do their laundry, we’re not entitled to any of that?” Roussel asked.

“There is no safety net for us,” added Beland, who said sex abuse victims need decades of counselling, but society has no supports in place for them.

With cases against Marshall and Clouthier to move forward before the end of 2012, Talach said the church could still offer counselling to victims without affecting existing lawsuits.

“It’s called ‘without prejudice’ funding. It’s been around for (more than a) decade. It’s where we agree if you provide funding, we’re not going to hold it against you later.”

Bishop Jean-Louis Plouffe was in Rome over the weekend for ceremonies making Kateri Tekakwitha Canada’s first native saint. But Fr. Bob Bourgon, spokesperson for the diocese, said the reality is, the church has tried to provide funding in the past, only to have it used against them in second lawsuits.

“I wish without prejudice funding exists, but it doesn’t,” Bourgon said. “We’re stuck between a rock and a hard place because there’s more than just one player here. It’s not just the diocese, the priest and the victim. Now we have insurance companies, and we have diocesan lawyers and the victims’ lawyers who are locked in a battle after the criminal case over civil suits.

“I hate that. I really do. But that’s the reality of it.”

He also denied abuser priests are sent away to retreats. In fact, he said the priests are sent for assessment so that the church can get a handle on exactly what they’re dealing with.

“Are we dealing with someone who is a pedophile? Are we dealing with someone who is psychotic? Are we dealing with someone who is severely depressed? We don’t know.”

As far as defrocking priests, Bourgon agreed there are ways to get rid of priests.

“But the question is, is it morally responsible for us to do that?”
He said as long as the abusers are priests, the church can keep an eye on them and play a role in ensuring they don’t victimize anyone else.

“We would have no contact or control over that person if they were no longer priests, and they may or may not abuse again,” he said. “What we have been doing for the last number of years is removing the person from any role in ministry as a priest. So that allows us to do as much as we can to make sure they don’t reoffend.”

He said in the first 600 years of the church, internal courts were in place to deal with misconduct of priests. If they were found guilty of a serious transgression, they were kicked out of the priesthood and handed to civilian authorities, who usually executed them.

“The first centuries of the church were spent dealing with clergy misconduct,” Bourgon said. “But over the centuries, laws have changed, societies have changed.”

Even today, he said there’s a debate among the Catholic hierarchy on whether allowing abusers to stay priests so the church can monitor them is the correct policy.

“We’re still trying to figure out exactly what’s the best thing to do.”