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GiveLife.ca

    

PRINT EDITION
A bankrupt proposal
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Wednesday, December 4, 2002 – Page A24

The priest sex-abuse scandals and the way they have been handled in some jurisdictions have already cast a dark shadow over the Roman Catholic Church worldwide.

Now the Catholic Archdiocese of Boston, home to some of the worst offences and least contrition, proposes to avoid its responsibilities in the matter by hiding under the protective umbrella of a bankruptcy filing.

Such a move is common in the U.S. corporate world, where companies staring at huge litigation costs often seek bankruptcy-court shelter to keep the class-action lawyers and other creditors at bay. The archdiocese, facing hundreds of sex-abuse claims that could total more than $100-million (U.S.), is threatening to use the same legal technique. It would be a deplorable turn of events.

The repercussions are not merely financial. Once safely under the umbrella provided by Chapter 11 of the U.S. Bankruptcy Code, the archdiocese would no longer have to co-operate with lawyers seeking redress for the alleged victims of child abuse by pedophilic priests.

Boston Cardinal Bernard Law, who has displayed a remarkable insensitivity and high-handedness in dealing with a genuine human tragedy, would no longer have to explain to victims' lawyers why known molesters were shuffled to other posts that kept them in contact with children. And the church could also stop the release of internal information on its priests.

The church hierarchy has been well aware of the size and scope of the problem for years. In the United States, a canon lawyer co-wrote a scathing report in 1985 showing the extent of child sexual abuse by priests.

It's possible the Boston archdiocese is using the threat of bankruptcy solely as a bargaining tactic in negotiations for a settlement. After all, if it did seek court protection, it would have to open its secretive finances and vast property holdings to public scrutiny. Such a move might be a huge black eye for a church still reeling from the shocking revelations and loss of public confidence.

At the same time, if it doesn't seek court protection, the archdiocese might possibly be crippled by a massive financial settlement, which could jeopardize many important programs. This is where the Vatican and other Catholic dioceses in the United States would need to step forward to help share the burden.

Compare the pressure tactics of the Boston archdiocese with the response of the Anglican Church of Canada in dealing with the lawsuits stemming from various abuses at native residential schools. Under a deal reached in November with the federal government, the church will contribute a maximum of $25-million over five years to a litigation settlement fund, with the help of dioceses across the country. It will be a strain on church resources, but it is the right thing to do. Sadly, there is as yet no deal with the Catholic Church in Canada, which is named in more than 70 per cent of the native claims so far and whose participation is key to an overall resolution.

In both the U.S. and Canadian situations, a whole church solution is essential to reach settlements that reflect fairness and genuine compassion for the victims.


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