Part I – The effects of sexual abuse on the catholic church in canada

Chapter One – Lessons Learned and Recommendations

We would like to see our Church face, with clarity and courage, the decisions that must be taken in light of the failure that child abuse represents for society and the Church […] These decisions will call for a change in the attitudes of those who are wholeheartedly to defend children and other vulnerable people in society. […] We would like our Church to take firm steps which would leave no doubt as to its genuine desire to eradicate the phenomenon of child sexual abuse.

Canadian Conference of Catholic Bishops From Pain to Hope, 40-41

Many bishops and major superiors20 across Canada have dealt with alleged or actual cases of sexual abuse of a minor perpetrated by a member of the clergy or institute. While their experiences are varied, they have each learned many valuable lessons. Some have spent considerable time, energy, and resources on deepening their understanding of the problem so as to ensure better pastoral and administrative responses. A certain number have been involved in criminal trials and have had to manage significant fallout from financial settlements and public outcry. All bishops have been profoundly touched by the suffering of victims; many have recognized the need to give greater attention to the concerns of victims and to respond with better policies and protocols. They have also seen how the sexual abuse crisis has eroded faith and trust in their communities and affected their own lives both spiritually and emotionally. This chapter outlines some of the lessons that bishops in Canada have learned in dealing with the issue of sexual abuse and demonstrates their continued commitment to its prevention and to the protection of minors.

Lesson one: The need for a pastoral encounter with victims of clergy sexual abuse

For all victims, it is extremely difficult and painful to disclose an experience of sexual abuse. Indeed, any experience of sexual abuse – not only the kind which involves a religious leader – has serious potential to be experienced with shame and guilt as well as a sense of disgust towards oneself. If the disclosure is brushed-off, these feelings become amplified and others emerge. Victims may feel stigmatized, isolated, and betrayed. When victims come forward – and it can take several years or decades before they do – the manner in which they are received is critical to their own journey toward recovery. Many Church leaders have learned this lesson.

In the past, individuals making allegations were often treated in a way which they found to be dismissive, insensitive, and even demeaning. At this point in time, Church leaders are more aware of the need to respond to complaints not only with established procedures and best practices, but with greater pastoral sensitivity, expressed through a spirit of charity, welcome, and readiness to respond with appropriate care. For some victims, this shift in approach has given a sense

of safety, making it easier to come forward, while for others, encounters remain intimidating and difficult.

In more recent times, some bishops and major superiors, including Popes Benedict XVI and Francis, have held pastoral encounters with survivors. These meetings have been widely welcomed and appreciated as a positive response to the call for greater accountability, genuine pastoral concern, and recognition of the personal harm caused by sexual abuse. These encounters also represent an important shift in the Church’s attitude toward victims, from one which was driven by a preoccupation with liability and image to a greater concern for the healing and accompaniment of abused persons in the spirit of Christian charity.21 This shift needs to be completed and to be deepened.

Those bishops and major superiors who have met face- to-face with victims describe these encounters as heart- wrenching. They have availed themselves of such opportunities to express deep remorse and to assure survivors that they are not responsible for the sexual abuse they experienced. While it may be difficult and even humiliating for a bishop to find the courage to meet survivors, Pope Benedict XVI has shown that it is not impossible. The words and sentiments he expressed to victims of clergy sexual abuse in his address to the Catholics of Ireland have become a touchstone for bishops, major superiors, and survivors everywhere: 

You have suffered grievously and I am truly sorry. I know that nothing can undo the wrong you have endured. Your trust has been betrayed and your dignity has been violated. Many of you found that, when you were courageous enough to speak of what happened to you, no one would listen. Those of you who were abused in residential institutions must have felt that there was no escape from your sufferings. It is understandable that you find it hard to forgive or be reconciled with the Church. In her name, I openly express the shame and remorse that we all feel.

The hope is that in addressing cases of sexual abuse bishops and major superiors will go beyond basic administrative responses, disposing themselves to receive allegations and respond appropriately, learn from past experiences, and reach out to victims with the willingness to accompany them on the path to healing.

Recommendations and Action Points

Bishops and major superiors will endeavour

• to ensure that victims coming forward for the first time are received in a non-judgmental pastoral encounter where they are welcomed and commended for their courage;
• to see that each encounter with a victim conveys the respect, compassion, and solicitude proper to pastoral leadership;
• to ensure Church leaders or those appointed to receive complaints on behalf of the bishop/major superior are properly sensitized to the nature of sexual abuse and its effects;
• to manifest readiness to accompany the person coming forward on the journey toward healing, helping to identify and address any spiritual and mental health needs;
• to continue forming Church leaders in learning to walk and work with victims;
• to pray in the community for victims of clergy sexual abuse and for all those affected by abuse (e.g., a prayer service, an annual day of prayer for survivors, a monthly inclusion in the Prayers of the Faithful of a petition for victims of clergy sexual abuse).

Lesson two: the need to understand sexual abuse properly

Since the 1990s,23 due to the concerted efforts of child welfare agencies in tackling child sexual abuse, the institutional response to victims coming forward with allegations has improved considerably. All Canadian provinces and territories now have mandatory reporting laws for suspected child abuse and there is no statute of limitations for reporting indictable offences.24 Legal reforms have also led to the development of more rigorous safeguarding policies in a number of governmental and non-governmental institutions in which staff are now required to report abuse. The stories victims have shared have also helped to expand the understanding of what constitutes abuse, encouraging others who have been abused to come forward who previously might not have considered their experience legitimate. As a result, many more cases have come to light in recent times than might ever have been known, contributing greatly to the ongoing efforts to correct myths and address past failures.

From a clinical point of view, the effects of sexual abuse are better known. As noted above and in the following chapter (2.1), sexual abuse is now treated as a distinct pathology with deep-seated and long-lasting effects requiring specialized intervention.25 Sometimes a survivor can be so psychologically and emotionally wounded that he or she remains unable for many years to speak about the abuse he or she suffered.

The psychological profile of offenders, while still incomplete, is also better understood. For example, the offender’s prehistory is now an important source of information shedding light on whether the abuse is a means to satisfying innate sexual attraction to minors or a way of resolving other issues connected to a personal history or a situation. There is greater awareness of variations that can exist among offenders in terms of the strength of pedophilic interest as well as the extent to which sexual interest may be exclusively focused on children and youth or whether it can also include adults.26 Finally, there is also recognition that sexual abuse is often connected to the dynamics of power.

From a societal point of view, the understanding of sexual abuse has improved in Canada. Until the appearance of the Badgley Report in 1984, the majority of victims were still largely invisible to civil authorities, medical practitioners, and social workers, not to mention the public at large.27 Sexual abuse was believed to be rare and remote from the lives of “respectable” citizens. Its deep-seated effects were not yet fully appreciated.28 Individuals who came forward risked bringing shame upon their families and communities. It was not uncommon for victims to be blamed and shunned. A hostile climate such as this silenced victims and allowed

abuse to remain undetected and hidden even for years: it engendered secrecy and denial, prolonged suffering, delayed the identification of offenders, perpetuated ignorance, and interfered with the awareness that institutions, which had been established for the welfare of children, could themselves be environments in which sexual abuse took place.29

Like many others, bishops and major superiors tended to have an inadequate understanding of pedophilia and ephebophilia. They sometimes acted on an erroneous or naïve understanding of the pathology of offenders. When Church leaders began in the 1970s to regard sexual offenses against children and youth through the dual lens of psychology and psychiatry, they turned to clinicians for advice and trusted their recommendations concerning whether to return offending clergy and members of institutes back to ministry. Unfortunately, the advice they received proved too optimistic. It became clear with time that the diagnosis and treatment of offenders was extremely difficult and the incidence of recidivism very high. Today, clinicians are better able to distinguish between situational offenders and those with fixed sexual proclivities who would always be at risk of reoffending. This has resulted in more reliable judgments and more appropriate precautions on the part of those responsible for dealing with offenders.

Also like many others, bishops and major superiors were ill-equipped to handle allegations and unprepared to accompany survivors on the path to healing. Some responded inadequately or even dismissively to those coming forward. Communication with civil authorities, fellow Church leaders, and the wider community was sometimes uncoordinated and

protocols were often lacking in precision and detail. Only with the intensification of public pressure resulting from victims, from media coverage, and with a greater willingness to learn from past mistakes, have Church leaders and others come to recognize the need for clear procedures to help guide them in responding to allegations. Many of today’s Church leaders exercising their ministries in the aftermath of the sexual abuse crisis have grown in the awareness of their responsibility – both pastoral and administrative – and are more committed than ever to helping victims seek healing and justice.

Recommendations and Action Points

Bishops and major superiors will endeavour

• to be well informed on the nature and effects of sexual abuse by drawing from the experience of victims and from the growing field of human, psychological, and social sciences in this area, making good use of peer-reviewed literature, seminars, courses, professional expertise, and other resources (see Part III, Resources, [102]);
• to provide the members of a diocese/eparchy or institute, including lay staff and volunteers, with ongoing training on the nature and effects of sexual abuse with a view to fostering compassion for victims, correcting myths, and overcoming the stigma associated with being a victim of sexual violence;
• to implement safe recruiting procedures for all pastoral staff and volunteers, including identity verification, criminal record check, background check (e.g., contacting referees or previous superiors/employers), interview and assessment, as well as psychological evaluations for prospective candidates to ordained ministry or consecrated life prior to entering a formation program;30
• to improve communication across diocesan boundaries to ensure that Church leaders are apprised of the necessary information to make prudent decisions about pastoral work assigned to clergy, religious, and lay associates who are being transferred, with similar procedures for seminarians and religious;
• to engage wider efforts which promote understanding of sexual abuse, safeguarding, and the destigmatization of victims (e.g., the Annual Anglophone Safeguarding Conference31);
• to remain fully informed concerning the latest requirements of the applicable federal and provincial/ territorial laws;
• to support the mandate and efforts of the Canadian Centre for Child Protection.32

Lesson three: the need to respond more effectively to allegations

The Canadian experience of sexual abuse has led Church leaders to the profound recognition of the need to take complaints seriously and to act upon them immediately and effectively. Bishops and major superiors should not assume that what is being alleged has not happened; they must respond with openness to the individuals bringing forward allegations and related concerns. 33 Without prejudice to the basic presumption of innocence with respect to the accused, bishops and major superiors are required to launch a preliminary investigation with sincere interest in seeking the truth. At the same time, they are required to limit the exercise of the accused individual’s ministry, placing him or her on “administrative leave,”34 while also discerning an appropriate pastoral response. Whenever allegations involve a minor, Church leaders themselves must inform police or other designated civil authorities and are required to cooperate fully with them as they investigate criminal wrong-doing.35 When the events being reported happened in the past, and the alleged victims are no longer minors, victims must be informed of their right to approach the police, or other civil authorities, should they so wish.

Once the preliminary investigation of local Church authorities has concluded – whether the allegations of sexual abuse of a minor are present or historic, and regardless of whether the alleged victim is no longer a minor – if the allegations have a semblance of truth (“notitiam saltem verisimilem habeat”), the Congregation for the Doctrine of  the Faith is to be informed. Unless the Congregation takes over the case because of special circumstances, as a rule it will indicate how local Church leadership is to apply the relevant canonical norms.36 Where possible and pastorally advisable it would also be important to keep the faithful informed of developments during the preliminary investigation while respecting the requirements of due process and confidentiality. 

Recommendations and Action Points

Bishops and major superiors will endeavour

• to implement reporting mechanisms and ensure they are easy to understand, accessible, and clearly publicized (e.g., to provide on the diocesan website the contact information, such as a dedicated phone number, of the person responsible for receiving allegations or complaints);
• to implement a clear process for responding to allegations in a timely manner according to the established protocol of the diocese/eparchy or institute and the requirements of canon and secular law;
• to institute an interdisciplinary advisory committee (consisting of a victim, psychologist, spiritual director, canonist, lawyers, insurance broker, law enforcement officer, social worker, communications professional, etc.) in order that the response and follow-up are comprehensive and fully compliant with the norms of the Holy See, the present Guidelines of the Canadian Conference of Catholic Bishops (CCCB), the local diocesan protocol, the relevant federal or provincial/ territorial statutes, insurance requirements, and best practices;
• to inform the alleged offender of the preliminary investigation and of his/her right to legal counsel (both canonical and secular) and the opportunity to seek guidance during the preliminary investigation from a spiritual director and psychologist;
• to ensure full cooperation with the civil authorities;
• to take appropriate measures to respect the basic presumption in law of an accused person’s innocence until proven otherwise with due regard for public safety;
• to keep the community informed in a timely manner of developments during the preliminary investigation while observing the obligations of due process and

Lesson four: dealing with offenders

A further consequence of the sexual abuse crisis relates to the treatment of offenders once they have been found guilty. In this regard, Church authorities must be attentive to many different needs. One of the priorities is to respect the public’s general expectation for accountability and to respond with transparency to appropriate requests for information about an offender. In dealing with the experience of sexual abuse over these past years, Church leadership has become more conscious of its serious responsibility to ensure that justice is served and that the public is protected from the recurrence of sexual abuse. This concern for victims and society at large is expressed in the new canonical measures to be applied when dealing with a cleric who is found guilty of sexual abuse. The chosen course of action depends on many variables. One possibility completely restricts the offender from public ministry and the holding of a public office in the Church, or at least excludes any contact with minors. With this option, the offender is given treatment and support in a restricted and controlled environment where youth and others are out of harm’s way.37 If this measure proves impractical or when the gravity of the offence warrants, the alternative is to impose more severe ecclesiastical penalties and to dismiss the offender from the clerical or religious state.

Church leaders exercising their mission of mercy and compassion are expected to offer pastoral care to all affected by the abuse – firstly to victims and their families, to the faithful affected, and no less to offenders.39 One of the challenges in dealing with offenders is that the Church, while informed by contemporary concerns (such as “zero tolerance,” accountability, transparency, the requirements of secular law and public expectations), is also called to model itself after Christ’s teachings. For this reason, mercy cannot be excluded because, as taught by Jesus, there is also a duty of charity toward the one who has sinned (cf. Matthew 6:9–15; Luke 17:3–4).40 Mercy in this sense is not what many in general perceive it to be. It is not unilateral forgiveness without justice or accountability. Rather, it is an attitude that takes full account of the need to redress the harm done to victims while offering offenders the possibility to seek healing through conversion. From the Church’s point of view, part of the response to sexual abuse offenders must include the hope of their eventual return to God. For this reason, in addition to serving the demands of justice and ensuring public safety, the Church requires that offenders make amends for the harm they inflicted and scandal they caused.41 In seeking forgiveness, they are asked to express sorrow and contrition and to undertake appropriate acts of penance. The leadership of the Church continues to learn how to live within the tension that exists between justice and mercy as well as how best to respond to public expectations.

Recommendations and Action Points

Bishops and major superiors will endeavour

• to identify and address public safety concerns vis-à-vis an offender;
• to tackle as best as possible the complex issue of pastoral and canonical responsibility toward offenders;
• to extend appropriate pastoral assistance as much as possible with due regard for justice and public safety;
• to respond with transparency to appropriate requests for information about an offender.

Lesson five: the need for better safeguarding practices and training

In addition to what Church leaders have learned about responding to allegations of sexual abuse and in dealing with offenders, is the recognition of the need for better safeguarding practices for the protection of minors. Experience has taught everyone how crucial it is to adhere to an attitude of “zero

tolerance.” This attitude is marked by policies and programs designed to ensure that every allegation of sexual abuse is taken with the utmost seriousness and not one incident tolerated; it conveys clearly that no one who has sexually abused a minor will be in active ministry. Pope Francis underscored the importance of this position in Church dealings with cases of sexual abuse: “Let us find the courage needed to take all necessary measures and to protect in every way the lives of our children, so that such crimes may never be repeated. In this area, let us adhere, clearly and faithfully, to ‘zero tolerance.’”42 Zero tolerance for abuse extends to all Church personnel – clergy, members of institutes, and laity – and has broadened the scope of safeguarding policies to encompass all staff and volunteers working in Church settings or on behalf of the Church. Many dioceses in Canada now stipulate that individuals should not be permitted to work in pastoral environments unless they have passed appropriate screening, including a background and criminal record check.

Furthermore, the ongoing training and education of all who work in pastoral settings – clergy and members of institutes as well as lay staff and volunteers – has ensured the greater effectiveness of best practices. Training in the highest standards of pastoral conduct must entail sensitization to attitudes and behaviours that reflect concern for the protection of minors. Such training should include instruction on appropriate boundaries and on interacting with minors in areas which are open and visible to other adults. Experience has shown the value of involving families and community organizations in both crafting and implementing safeguarding policies. It has also proven advantageous to engage the general public through basic education about sexual abuse, fostering compassion for victims, correcting myths, and overcoming the taboos which still attach to this topic. In addition to seminars and workshops, as well as scholarly conferences and post- secondary courses, improved access to local diocesan policies, particularly through diocesan websites, has helped raise public awareness and made it easier to know how and where to bring a complaint forward.

Recommendations and Action Points

Bishops and major superiors will endeavour

• to take all necessary steps to ensure that safeguarding is prioritized in the diocese/eparchy or institute;
• to implement/update a diocesan safeguarding policy conforming to the highest standards of responsible ministry, including instruction on appropriate boundaries in pastoral relationships (e.g., through a code of conduct);
• to ensure the safeguarding policy of the diocese/eparchy or institute is easy to understand and readily accessible to the public, g., posted on the diocesan website, printed as a booklet, etc.;
• to support fellow bishops and major superiors in their safeguarding efforts;
• to submit all policies, protocols, and practices to third- party auditing at least once every four years;
• to ensure all pastoral staff receive proper safe environment training, including how to recognize the signs of abuse and how to report suspected sexual abuse;
• to seek the input of parents, civil authorities, educators, and community organizations in crafting diocesan policies and providing appropriate training for all pastoral staff;
• to see that the Guidelines included with the present document together with the policies and protocols of the diocese/eparchy or institute form the basis of any safe environment training program;
• to ensure safeguarding policies are regularly updated, taking into account any new needs and circumstances;
• to recommend that each of the institutes situated within the territory of a diocese/eparchy have their own up-to- date safeguarding policies and that a copy be provided to the local bishop for his records.

Lesson six: the effects on clergy, members of institutes, and laity: coping with shame

The vast majority of clergy and members of institutes who live their calling with integrity and fidelity have been profoundly humiliated by colleagues whose grave sins and crimes have harmed those whom they were meant to serve. Moreover, many are disappointed that some Church leaders in the past failed to respond to sexual abuse allegations adequately.

A number of clergy and members of institutes are also conscious of how others can view them with suspicion and mistrust. This is due in part to the intense publicity given to

“pedophile priests.” Sometimes, clergy and religious who are innocent and otherwise dedicated to their vocations, by trying to avoid hostile treatment, and possibly out of an exaggerated sense of self-protection, become overly formal, detached, and even aloof in their interactions. This artificial distancing affects the quality of their ministry as well as their own psychological and spiritual well-being. For similar reasons, many clergy and religious have withdrawn from ministry with children and youth. As a consequence, younger generations of Catholics are growing up without knowing the faith representatives ministering in their communities. Furthermore, the laity involved in various forms of evangelization and whose ministries can already be very challenging for a variety of reasons are finding themselves without support because of the remoteness or absence of a meaningful relationship with the parish priest and local bishop.

In those communities which have been directly affected by the scandal of sexual abuse, many clergy and members of institutes are suffering from low morale and isolation. They carry on their ministry in an atmosphere marked by distrust and suspicion in which they are seen merely in a functional capacity, for example, as providers of the Sacraments. Some are frustrated, perceiving themselves as highly regulated by codes of conduct but insufficiently supported by their Superiors in their pastoral assignments. Alienation, loneliness, and resentment often combine with fatigue and discouragement, exposing clergy and members of institutes to burnout, emotional problems, psychological difficulties, and feelings of unhappiness. Some seek to cope by turning to unhealthy and addictive behaviours; others abandon their calling. For many

who remain, the weight of ministry and the questioning of their own value and purpose can lead to a vocational crisis which requires attention by Church leaders and the faithful. In this context, it is clear that clergy and members of institutes must invest time and effort to develop healthy lifestyles, wholesome friendships, and a deep spiritual life in order to nourish their God-given vocations and to remain life-giving in their service to God and others.

It has become obvious that the effects of the sexual abuse crisis are not confined to clergy and members of institutes alone. The laity too are ashamed and embarrassed that representatives of their faith community are implicated in the sexual abuse scandal. Many who remain profoundly attached to Christ and his Gospel no longer feel comfortable identifying themselves as Catholics or proclaiming their faith in public. Their hesitation has weakened local communities and the credibility of the Church’s witness to the Gospel precisely when it is required most. At this critical time of healing, the need for mutual support and coresponsibility among clergy, members of institutes, and laity is paramount. All are being asked to take up the call to revitalize the Church by engaging new, more collaborative forms of ministry.

• to ensure that communities affected by abuse are offered adequate accompaniment, support, and encouragement on the journey toward healing;
• to ensure clergy and pastoral staff who have been affected by a sexual abuse scandal receive adequate support;
• to work toward a new understanding of the role of clergy in society and the spiritual underpinnings necessary for healthy ministry;
• to encourage life-giving pastoral commitments despite challenging conditions for ministry and evangelization;
• to promote and encourage ministry to children and youth with proper safeguards in place;
• to expand on new forms of ministry which rely on greater collaboration with the laity in the spirit of mutuality and coresponsibility;
• to invest time and effort in healthy, wholesome friendships, and regular prayer;
• to ensure that particular issues which affect the mental health of clergy and lay pastoral associates, such as isolation, burnout, pornography, and alcohol, to mention a few, can be addressed with professional and spiritual help.

Lesson seven: the need for better initial and ongoing formation

The protection of minors and the pastoral approaches which serve this end are extremely important themes which must be raised in the context of priestly formation, both in its initial phase as well as later on through ongoing formation. In the past, some persons lacking affective, emotional, and psychosexual maturity were able to pass undetected through an inadequate seminary formation program more focused on spiritual and theological training than on pastoral and human development. Insufficient knowledge and inadequate practices about human formation resulted in the ordination and religious profession of various ill-prepared candidates, leading to some of the devastating consequences which emerged years later.

Since the publication of Pope Saint John Paul II’s Pastores dabo vobis,43 human formation has become one of the four pillars of the seminary program in conjunction with spiritual, intellectual, and pastoral training. In fact, human formation is first in the order of priority and must therefore be given careful attention, for on it rests the emergence of a mature, responsible ordained or consecrated person in the service of the Church in today’s world. In the selection and admission of a candidate to the seminary, it is imperative that he be properly screened, tested, and interviewed to ascertain his emotional and psychosexual development. The same is true of both female and male candidates to institutes. Moreover, a robust program of human formation must continue to be in place throughout the years of formation so as to assist the formation

team in evaluating the maturity and suitably of a candidate over a span of several years.

The recently promulgated Ratio Fundamentalis Institutionis Sacerdotalis44 highlights the importance of the human dimension of priestly formation:

The greatest attention must be given to the theme of protection of minors and vulnerable adults, being vigilant that those who seek admission to a Seminary or House of formation or who are already petitioning to receive Holy Orders, have not been involved in any way with any crime or problematic behaviour in this area. Formators must ensure that candidates who have had painful experiences in this area receive special and suitable accompaniment. Specific lessons, seminars and courses on the protection of minors are to be included within programmes of initial and ongoing formation. Adequate information must be provided in an appropriate fashion to areas dealing with sexual exploitation and violence, such as, for example, child trafficking, child labour, and the sexual abuse of minors and vulnerable adults.45

An ongoing commitment to human and spiritual maturity must also be made by those who have already received Holy Orders or who have professed vows. Experience has demonstrated that psychological, emotional, relational, and spiritual problems can arise even after a significant number of years in ministry, making on-going formation and education as well as regular spiritual direction a necessity throughout an individual’s life. According to the circumstances, psychological and other kinds of professional counselling should also be considered if required. Moreover, at this time when Church leaders are very dependent on international clergy and members of institutes to meet pastoral needs in our country, care must be taken for the enculturation of those who have been trained and formed for ministry overseas in contexts where matters of human sexuality, interpersonal relationships, and boundaries may have been addressed differently.

Recommendations and Action Points

Bishops and major superiors will endeavour

• to place greater emphasis on the human dimension within initial formation programs, ensuring its integration with the spiritual, intellectual, and pastoral facets of Pastores dabo vobis, the Ratio Fundamentalis (2016), and the directives of this Episcopal Conference46;
• to provide opportunities within the diocese/eparchy or institute for holistic ongoing formation – spiritual, intellectual, human, and pastoral – based on an informed assessment of the new and increasingly complex needs of clergy and religious; and, to make a personal commitment as leaders to the same, guiding by way of example;
• to ensure that specific training is offered to address matters such as the experience of victims, the impact on families and communities, detection of abuse, ministry to survivors, and relevant laws (canon and secular);
• to ensure initial and ongoing formation to address the attitudes and behaviours necessary for long-term safeguarding;
• to encourage and further develop different ways of fostering and growing a sense of community, friendship, and solidarity among clergy and religious (e.g., study days, times of recollection, annual retreats, etc.);
• to implement adequate procedures for screening candidates for ministry, which may include a multi- disciplinary selection committee;
• to assess regularly screening procedures for their effectiveness and adequacy;
• to evaluate regularly programs for personal and human formation in light of the highest standards of safeguarding in ministry;
• to address with candidates for ministry the topics of psychosexual maturity, interpersonal boundaries, leadership and service in ministry, and the abuse of status and authority;
• to ensure that all clergy and religious who have been invited to serve the Catholic faithful in Canada are fully updated on local policies, protocols, and practices, as well as expectations regarding interpersonal

Lesson eight: learning about the legal process

In the Canadian experience, many victims of sexual abuse have sought justice through criminal proceedings and civil lawsuits. While there are benefits to these approaches to the extent that each can provide some degree of closure, they also involve drawbacks, which have left some victims disappointed in their search for healing. The insistence on objectivity (e.g., the victim’s credibility, evidence, etc.) can depersonalize interactions. Rigorous questioning and testimony often subject victims to retraumatization. Due process itself can be

methodical and therefore slow, causing frustration on both sides. Pressure from news media can also add to the stress and discomfort of victims whose stories have become public.

Church leaders too are confronted with certain disadvantages. The formal and impersonal nature of the legal process can interfere with their sincere desire to express compassion and their willingness to foster reconciliation. In appealing to the legal right of each party to protect its interests, a Church entity can be seen as trying to stall proceedings or to seek an unfair legal advantage for itself at the victim’s expense. There have been instances when advice from lawyers or insurers counselling those involved not to speak directly to victims or alleged offenders has sometimes interfered with proper pastoral care and the journey toward healing. In such instances, Church leaders have had to learn through difficult lessons not to let legal methods or financial repercussions interfere with their pastoral responsibilities. While Church leaders need prudential advice of all kinds, including legal counsel, they are more aware now of how certain approaches can militate against the duty of Christian charity. As a result, they are more open to exploring alternatives.

Monetary settlements, which can represent one of the advantages for victims seeking justice, can also pose challenges to Church members. Such settlements are often substantial and their impact is usually felt across the affected community of the faithful with consequences impacting the vitality of the local Church. The lay faithful sometimes resent the sale of ecclesiastical properties or the use of their donations to finance indemnifications. As a further consequence, parishioners have sometimes rejected or resisted the invitations of bishops and

major superiors to participate in healing and reconciliation efforts. Canadian Church leaders have learned the importance and the need to appreciate the reasons for such reactions and resentments. They are coming to understand the obligation to respond to hostility with humility and to approach feelings of betrayal and disappointment on the part of their congregations with respect and courage.

In the Canadian context, mediation represents an out-of-court alternative through which victims can seek acknowledgement and satisfaction not only for the harm they suffered but also appropriate compensation for damages. This approach allows both parties to settle without going to trial and has offered a more amenable alternative during litigation. Settlements arising from mediation are reached by negotiation and compromise in which the parties interact in good faith with the help of a skilled legal mediator. The results may not always appear completely satisfactory to all those involved, but since the process is more personal, it is often experienced by both sides as less adversarial. Even if mediation remains demanding, victims and Church representatives, assisted by their legal counsellors, are more directly involved in redressing an alleged injustice by means of dialogue and good will within a more humane interaction. The hope is for victims to come away from mediation feeling that their stories have been heard, while for Church leaders it is to feel that their concern, sorrow, and regret have been properly expressed.

The search for justice has helped everyone to acknowledge the reality of sexual abuse and the importance for victims and Church members to attain some kind of closure by developing a more robust culture of accountability and responsibility.

Experience has also demonstrated, however, that the process by which most victims can move forward with their lives is not primarily legal, but one rooted in a more holistic understanding of the need for physical, psychological, and spiritual healing. Each of these needs can be met gradually over time, but the journey toward healing can often be life-long.

• to remain up-to-date on the relevant canonical and secular legislation as well as the Guidelines of this Episcopal Conference;
• to root the victim’s legal rights in the need to redress injustice and to foster Christian charity and the expression of compassion in the interests of healing and reconciliation;
• to withstand pressures which may allow legal methods or financial repercussions to interfere with a genuinely pastoral response, ensuring that any advice received remains at the service of the Gospel;
• to cease requiring confidentiality clauses in settlements of cases of sexual abuse and to waive those given in the past;
• to strive for an outcome which satisfies the desire for accountability and transparency, and which enables all parties to achieve a sense of closure;
• to address any feelings of betrayal and disappointment on the part of the faithful with respect and courage.

Lesson nine: a call to greater authenticity

In Canada, as in many parts of the world, much has been done to address the reality of sexual abuse; nevertheless, the sexual abuse crisis has negatively impacted the Church’s mission, its humanitarian work, and its calls for justice and integrity, particularly with respect to children and youth in the domains of education and family. Furthermore, the sexual abuse of minors has made it more difficult for many of Canada’s Catholic faithful to take up the challenge of the New Evangelization and to propose the Gospel in the aftermath of the crisis and in today’s increasingly secularized environment. Dealing with these multifaceted demands is beyond human capacity alone, particularly if lasting change and renewal of church life is to be realized. The task is a profoundly spiritual one requiring God’s grace and a united effort by all members of the faith community.

From all that has been learned in the Canadian experience of the sexual abuse of minors there is an evident call to all members of the Catholic Church in this country to strive for greater authenticity and to engage in a process of regaining credibility. Although the response to this call starts by addressing past failures, it must be followed by a firm commitment to put into action the necessary ways and means of avoiding past mistakes and ensuring that minors will be protected now and in the future.

Recommendations and Action Points

Bishops and major superiors will endeavour

• to recognize that the sexual abuse crisis is a symptom of a disorder in a Church called to undergo a profound pastoral conversion and purification in order to accomplish its mission with greater transparency and accountability;
• to work toward a culture of dialogue at every level of a diocese/eparchy or institute;
• to continue to pursue institutional practices which foster accountability, transparency, and responsibility;
• to model through words and actions a pastoral attitude rooted in repentance and conversion;
• to collaborate with fellow Church leaders, especially on a regional basis, in implementing effective mechanisms of accountability;
• to include in the guidelines of the diocese/eparchy or institute a commitment to article 3 and article 19 of the United Nations Convention on the Rights of a Child;48
• to invest time and create opportunities at the local level, involving the Catholic faithful who are ready to minister in a spirit of coresponsibility, in order that shared concern for all in the name of Jesus Christ produces a more responsible environment for everyone and particularly for the protection of minors;
• to establish practices where clergy, religious, and laity can be mutually accountable to each other for their actions and attitudes;
• to exercise their ministry as pastors collaboratively and in communion with those entrusted to their care.