The agreement providing for the payment of $14.8 million to victims of sexual assaults committed since 1940 by diocesan members and lay employees of the Archdiocese of Montreal was ratified by Justice Donald Bisson of the Superior Court.
The lawsuit was filed in 2019 on behalf of a lead plaintiff who had been one of the victims of Brian Boucher, a defrocked ex-priest who was sentenced to eight years in prison in 2019 after being found guilty of sexually assaulted two boys under his supervision. The agreement was reached last April.
The regulation covers abuses committed by diocesan members, but not those committed by priests who are members of a religious congregation, several of whom are still being prosecuted. The class action has 80 members, but this number should increase by October 22, the deadline for victims to come forward.
apology letter
In addition to the money, the agreement provides for the delivery to each member of the group of a letter of apology from Archbishop Christian Lépine in which it is written: “We are aware that this sum of money will never be able to eliminate all the pain you’ve been through. We ask you to forgive us for the actions committed. »
In a press release issued on Wednesday, one of the lawyers leading the class action, Mr.e Alain Arsenault argued that collective action “has brought to light nameless horror stories. We salute the courage of the victims for having dared to denounce and we thank them for their trust. »
“We were happy to see throughout the process the openness of Mr. Christian Lépine, Archbishop of Montreal. We hope that other religious organizations will take inspiration from his attitude,” added Me Arsenault.
A “fair and reasonable” agreement
In his decision, Judge Bisson points out that the agreement “prevents the members from having to testify” and “from having to prove their assaults and the resulting damages”, among other things.
According to the document, the parties estimate that each member will receive an amount between $96,000 and $160,000.
“These sums are within the range of what the Court could even award in the case of an individual appeal after a trial”, writes the magistrate.
“The Court concludes that the settlement agreement is fair and reasonable,” he adds.
Judge Bisson also dwells on the fees that will be collected by the firm Arsenault Dufresne Wee Avocats, fees that will amount to just over $2.7 million, or approximately 18% of the total settlement.
The magistrate pointed out that the fee agreement provided for a percentage of 25% of the total sums received by settlement. “So, for all of the fees, the Court finds that the final amount will be less than 20%, and even therefore less than the percentage of 25% provided for in the fee agreement. »
This is the first time in Quebec that a diocese has settled a class action.