Lawyers in a class action lawsuit involving decades-old sexual abuse at the hands of teacher Maurice Cloughley are proposing the territorial government pays $8 million to settle the case.
Law firms Cooper Regel (based in Alberta) and Morris Moore (Newfoundland and Labrador), the representative plaintiffs in this case, announced the proposed settlement May 7. The abuse dates back to CloughleySA国际影视传媒檚 time as a teacher in Resolute Bay and Clyde River between April 1969 and July 1981.
SA国际影视传媒淚tSA国际影视传媒檚 one of those things thatSA国际影视传媒檚 been a very long, drawn out process,SA国际影视传媒 said Alan Regel in conversation with Nunavut News. SA国际影视传媒淢yself and Lynn Moore picked this up from another law firm SA国际影视传媒 Unfortunately we had a number of people passing away who were class action members. So, one of the things you donSA国际影视传媒檛 often see is we are providing for the estates of some claimants.
SA国际影视传媒淚n this case, the police collected evidence in the pre-trial elements,SA国际影视传媒 Regel explained. SA国际影视传媒淲e believe that if they described something in those circumstances, we can rely on that SA国际影视传媒 In some circumstances, if a statement is thought to be credible or reliable, it is better [than those made] in court sometimes.SA国际影视传媒
Regel said the Supreme Court of Canada has relaxed hearsay elements in such cases in recent years.
SA国际影视传媒淭here is a trend to relax the rules in that regard,SA国际影视传媒 he said.
He called it SA国际影视传媒渁 fine lineSA国际影视传媒 between making sure those who are no longer alive, such as a young woman in Yellowknife who committed suicide in cells before the trial, likely as a result of the abuse, are still compensated for the trauma they experienced through surviving loved ones.
Each estate claim will be adjudicated on a case-by-case basis by a retired judge, SA国际影视传媒渋f heSA国际影视传媒檚 satisfied that theySA国际影视传媒檙e entitled to it,SA国际影视传媒 explained Regel. SA国际影视传媒淗eSA国际影视传媒檒l be our gatekeeper.
SA国际影视传媒淚tSA国际影视传媒檚 something that all counsel agreed would be a reasonable way to proceed.SA国际影视传媒
Regel explained that the relaxing of hearsay rules in pre-trial proceedings reflects how these matters SA国际影视传媒渋n Parliament and the courts have historically been under-reported and thereSA国际影视传媒檚 perceptions that coming forward is difficult, and that people might be afraid to come forward in court. So things will be heard on their own merits, rather than being dismissed on technicalities. These are all part of the negotiations that took place.SA国际影视传媒
Should the court approve the settlement, the territory will pay $8 million and establish a settlement fund that compensates class action participants, as well as lawyersSA国际影视传媒 fees and expenses. The settlement fund is intended to be divided between class members with the size of shares based on individual injuries, with a maximum payout of up to $200,000 on any individual class memberSA国际影视传媒檚 claim.
SA国际影视传媒淭he representative plaintiffs and their lawyers believe the proposed settlement is in the best interests of all class members,SA国际影视传媒 reads the media statement from Cooper Regel and Morris Moore. SA国际影视传媒淏y agreeing to the proposed settlement, both sides avoid the costs and risks of further litigation and provide benefits to class members (if the court approves the proposed settlement).SA国际影视传媒
The next court hearing to approve the proposed settlement will take place on June 4 at the Nunavut Court of Justice in Iqaluit. The full notice and settlement agreement can be found at www.CloughleySexAbuseClassAction.ca, including details of the proposed settlement and explanations of the class membersSA国际影视传媒 legal rights and options.