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The Alberta government and the Anglican Synod of the Diocese of Edmonton have admitted vicarious liability for an Anglican priest’s sexual assaults against youth in a city jail in the 1980s.
The agreement, signed by the diocese and province, was formalized in a consent order at a short hearing Tuesday morning at the Edmonton Court of King’s Bench.
Both parties accept vicarious liability for any assaults that Anglican priest Rev. Gordon William Dominey is proven to have committed against teen inmates at an Edmonton youth detention centre.
More than a dozen men allege Dominey sexually assaulted them while they were inmates at the Edmonton Youth Development Centre between 1985 and 1990.
“For the first time, after 10 years or a decade into this lawsuit, you have the government and the church accepting liability,” said Avnish Nanda, the lawyer representing the complainants.
“This should have been an acknowledgement that occurred right at the start of the litigation.”
He said the case has taken years to reach this point, and some class members have died during that time, making it more difficult for them and their families to pursue compensation.
Nanda said his clients were children when the alleged assaults occurred and were in a government institution where Dominey had been placed as a priest.
“This is, in my view, a clear-cut case with the government and the church, [they] should have been liable and willing to accept liability at the start, but dragged this on and putting a lot of people’s claims in peril,” he said.
Dominey was facing 33 charges related to allegations involving young people and was scheduled to go to trial in January 2020. He died on Nov. 7, 2019, at age 67, before the criminal trial could take place.
The allegations are still required to be proven in the civil process before individual class members can receive compensation, Nanda said.
“They were unable to get that recognition in law that this person committed these crimes against them,” Nanda said. “They’re left to the civil claim process.”
Nanda said each class member will have to establish the circumstances of their individual claim through an assessment or determination process.
The parties are discussing a potential settlement, but Nanda said he could not provide details about those negotiations.
Long legal action
The legal action has been ongoing for about a decade since Dominey’s arrest in February 2016. A statement of claim was filed the next year.
In 2022, the alleged victims sought certification of the lawsuit as a class action, arguing the defendants should be held responsible for failing to protect the youths from Dominey.
A judge initially dismissed the application, finding it would be preferable for the individual men to pursue damages through separate lawsuits.
The case later proceeded toward a common issues trial focused on the defendants’ responsibility for Dominey’s alleged conduct.
The consent order issued by Justice John Henderson cancels that trial in light of the defendants’ agreement on vicarious liability.
CBC News requested comment from both the diocese and the province. The diocese declined to comment as the case is before the courts.
Relief and anger
The men behind the lawsuit are all subject to a publication ban.
One of the men interviewed by CBC News said Tuesday’s development brought a mixture of relief and anger.
“There’s a lot of relief, but then there’s a lot of anger still there,” he said.
He said the government and church could have accepted responsibility earlier, particularly because some of the men involved in the case have since died.
“It almost feels like too little too late sometimes,” he said.
The man said an apology from the government or the church would also be meaningful, not only for him but for others who have experienced similar abuse.
“It would make a huge difference,” he said.
He said the experience of pursuing the case has also allowed him to connect with other survivors and encourage them to seek help.
“At first it was really embarrassing to say anything,” he said. “But now, I know that my experience, I’m able to help other people.”
He said he hopes others who have experienced abuse will not allow shame or guilt to prevent them from seeking help.
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