The Quebec Court of Appeal upheld the Superior Court’s decision and dismissed the class action lawsuit filed by the orphaned Duplessis in March 2018.
More than 1,500 children from La Grande Noirceur who were unfairly assigned to asylums or suffered physical and sexual abuse in orphanages between 1935 and 1975 want to take class action against the Quebec government and eight religious community.
At a time when Quebec families relied on Christian charity, thousands of so-called illegal, abandoned children, orphans of one or both parents found themselves in State-funded establishments, but run by congregations. .
The victims claimed $ 875,000 each for abuse committed by the Sisters of Providence, Sisters of Mercy of Montreal, Gray Nuns of Montreal, Little Franciscans of Mary, Sisters of the Good Shepherd, Sisters of Notre -Dame- Auxiliatrice, the Sisters of Charity of Quebec or the Dominican Sisters of the Trinity.
On the way to the Supreme Court
The orphans of Duplessis now want to go to the highest court in the land to win their case.
” We are all sad, but hopefully by going to the Supreme Court, we will win. It gives us a little time. But as we get older, time is running out. “
The lady, who wished to remain anonymous, had the result of her stay at the Immaculée de Chicoutimi orphanage in 1964. I was never paid for what I went through. I saw a nun throw a baby against the wall. I was beaten many times. Its food is horrible. I did not go to school for several months. I was put in a separate room where I was beaten by a priest or a vicar working at the orphanage. I stopped and I still do it today he says.
The lawyer representing the orphans of Duplessis, hopes to obtain a financial contribution from the Quebec collective action aid fund to pay part of the fees and expenses necessary to bring the case to the Supreme Court. .
” There are several judgments in which the Supreme Court overturned the decision of the Court of Appeal. So I am confident that we will get there. I want to see justice for all these orphans. “
A remedy considered too broad
On May 21, 2020, Quebec’s Superior Court ruled that the class action claim was too broad because it targeted the same institutional orphans labeled with the wrong number. mad and children who are mistreated or abused. Judge André Prévost said there was no reason to assume that the congregations involved had common practices regarding alleged wrongdoing.
In addition, the magistrate recalled that most members of the collective action had signed a release that barred them from suing the government or religious institutions because they had received financial assistance from the National Program for Reconciliation with Orphans and Orphans.ni Duplessis.
On May 9, the Quebec Court of Appeal ruled that the trial judge had not erred in his decision.
But attorney Alan Stein disagrees with this reading and argues that in all concerned institutions, there is physical, psychological and sexual abuse.
The Court of Appeal held that the class action description was too general. I changed it and said I was willing to accept the Court of Appeal’s description because it had the discretion to do so. Permission for a class action is just a matter of procedure. But he didn’t he pointed out.
A targeted action for the Chicoutimi orphanage?
In their decision, the Superior Court and the Court of Appeal opened the door to a class action that could only be directed against Petites Franciscaines de Marie who manages the Chicoutimi orphanage.
If the Supreme Court fails to attempt to take action against eight religious congregations, attorney Alan Stein has assured that he will file one to compensate the victims of the Chicoutimi orphanage where the NP says he lived in hell.
We want a reasonable settlement he concludes.
Source: Radio-Canada
