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Alleged sexual abuse victims search to certify class motion lawsuit in opposition to Alberta, church

Gordon William Dominey in the 1980s, left, and in 2016. A class action lawsuit effort is underway by a group of men who allege they were sexually abused by Dominey when he was a chaplain at an Edmonton youth jail where they were teen inmates. Dominey died in 2019.  (Supplied - image credit)

Gordon William Dominey within the Nineteen Eighties, left, and in 2016. A category motion lawsuit effort is underway by a gaggle of males who allege they have been sexually abused by Dominey when he was a chaplain at an Edmonton youth jail the place they have been teen inmates. Dominey died in 2019. (Equipped – picture credit score)

A bunch of males who allege they have been sexually abused by a chaplain whereas in an Edmonton youth jail are looking for a court docket’s permission to sue the province and the Anglican Synod of the Diocese of Edmonton by a category motion lawsuit.

The 14 males say they have been assaulted by Anglican priest Rev. Gordon William Dominey once they have been teen inmates on the Edmonton Youth Growth Centre within the Nineteen Eighties.

Dominey was set to go to trial in January 2020 on 33 expenses associated to alleged historic sexual offences in opposition to 13 former inmates, however he died on Nov. 7, 2019, at age 67.

The civil declare now earlier than the courts was launched by one of many complainants within the prison case. He has been looking for to have the case proceed as a class-action go well with since he first filed it in 2017.

His identification is protected by a court-ordered publication ban.

Not one of the allegations in both the prison or civil case have been confirmed in court docket.

On Monday, Courtroom of Queen’s Bench Justice John Henderson heard arguments from the plaintiff’s lawyer, Avnish Nanda, about why the boys ought to have the ability to sue as a gaggle, quite than trying to hunt compensation in 14 particular person lawsuits.

In the course of the listening to held over video convention, Nanda argued that the diocese and the province put Dominey able of authority over the youth, after which didn’t adequately supervise the priest or implement insurance policies and practices to guard the youths.

“The institutional members created or permitted an setting that allowed Dominey to abuse them with impunity,” Nanda mentioned.

The Authorities of Alberta and the Anglican Diocese of Edmonton are against the certification being granted.

The events argued that the numerous nature of the alleged assaults would make it troublesome for a decide to weigh total legal responsibility, and that every class member must give proof it doesn’t matter what.

The complainants who testified through the preliminary listening to alleged being assaulted by Dominey in other places within the jail such because the swimming pool, a personal workplace and a bathe.

“No one desires to be duplicating this and doing it 14 instances, however on the finish of the day a category motion will not be the fitting construction,” argued Luciana Brasil, the province’s lawyer.

She challenged the argument that there was systemic negligence or abuse by the province.

“On this case, the allegation is barely, solely that Mr. Dominey assaulted the youth on the Edmonton centre,” Brasil mentioned. “There isn’t any allegation that workers or one other scholar dedicated something to anybody else.”

Legal professionals for Alberta additionally argued that the case does not meet the factors for certification in two methods, arguing:

  • Alberta does not have a fiduciary responsibility, a dedication to behave in the perfect curiosity, of inmates even when they’re kids.

  • The Occupiers’ Legal responsibility Act doesn’t apply as a result of two of the boys alleged Dominey took them on outings and in addition assaulted them in his automotive and residential.

Courtroom additionally heard arguments from Nanda and the defendants over whether or not rumour proof from the preliminary listening to must be admitted.

On Tuesday, Nanda argued that having 14 separate trials can be unwieldy and will lead to entry to justice points if totally different judges have been to make totally different findings concerning the diocese and province’s legal responsibility.

He additionally argued that regardless of there being just one alleged offender who’s accused of assorted varieties of assault, the institutional failure to forestall that taking place is a systemic situation.

Dominey’s property can be named as a defendant within the lawsuit, although court docket heard it comprises no property.

After arguments wrapped up Tuesday, Henderson mentioned it’s going to take just a few weeks to make a willpower on certification.

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