Class Action in Canada Rejects JWorg Appeal
The courts in Canada have recently rejected an appeal from JWorg on a class action lawsuit over child abuse. This clears the way for things to move toward a trial and compensation for all victims of JWorg policy on protecting pedophiles. While this may take years the stone of justice continues to move up hill.
See court Documents below and translation:
Translation - these two appeal files relate to the same judgment of the Superior Court, district of Montreal rendered 27 February 2019 and rectified on 11 March 2019, which first rejects the request for a declinatory exception made by the appellant (WTPA) and which grants the request for authorization of a class action against the latter and against the other appellant (WTC), in addition to granting the status of representative to the respondent for the group described below:
all persons who are or have been Jehovah's Witnesses and who allege to have been sexually assaulted in Quebec, while they are minors, by a person occupying the role of Elder (the subgroup of sexual assault by the Elders)
all persons who are or have been Jehovah's Witnesses and who allege that they were sexually assaulted in Quebec, when they were underage, by a Jehovah's Witness (the subgroup of sexual assault by Jehovah's Witnesses)
for the reasons of judgment with which Morrisette and Belanger JJ. concurred, the court:
REJECT appeals
https://www.cbc.ca/amp/1.5044157?fbclid=IwAR04o7_f9bCRRWmcbofaC4ebNFCNQf34pwGdIHnrWXQj8Gqd8V_1JLJBQtY
Quebec class action alleging sexual abuse in Jehovah's Witnesses can proceed
Lisa Blais says she was abused by her older brother for years, claims church failed to protect her
Caroline St-Pierre - The Canadian Press
Posted: March 05, 2019
The action was approved for current or former Jehovah's Witnesses who allege they were sexually assaulted as minors in Quebec. (Radio-Canada)
Quebec Superior Court has authorized a class-action lawsuit against two Jehovah's Witnesses entities, alleging a culture of silence within the group led to the covering up of sexual abuse.
The action was approved for current or former Jehovah's Witnesses who allege they were sexually assaulted as minors in Quebec by either an elder of the religious group or a fellow member.
Lisa Blais, a former follower of the religion, filed the motion in September 2017, alleging she was sexually assaulted by a member of the group when she was a child.
The Feb. 27 ruling authorizing the lawsuit cites Blais's allegation that Jehovah's Witnesses leaders sought to discourage Blais from reporting her assailant to police because she would have risked tarnishing the image of Jehovah.
"The plaintiff wants to sue the defendants for their failures regarding her protection and the dissuasion from reporting sexual assaults to police authorities, given the culture of silence present in the Jehovah's Witnesses community,'' Justice Chantal Corriveau wrote.
Blais was expelled from the religious group in 1996.
In a written statement, the Jehovah's Witnesses public information desk said the class action was authorized on the basis of unproven allegations.
"We will consider our options for appeal but are certain if this matter proceeds to trial, the facts will clearly show Jehovah's Witnesses report allegations of abuse to the authorities, in line with the Youth Protection Act,'' the statement said. "The well-being of children is of utmost importance to Jehovah's Witnesses.''
The action seeks $150,000 in moral damages and $100,000 in punitive damages for each member of the class. It names the Watch Tower Bible and Tract Society of Pennsylvania, the religion's main legal entity, as well as the Canadian branch.
The judge notes in her decision that the purpose of a class action is not to put a religion on trial.
"The class action does not call into question the beliefs conveyed,'' she wrote. "However, it is possible to submit to the courts ways of doing things that may be faulty and cause harm to victims.''
Sarah Woods, a lawyer representing Blais, said she has been contacted by several other Jehovah's Witnesses but does not know how many people will ultimately be part of the class action. She also noted that the defendants have 30 days to appeal Corriveau's decision.
"I already have a lot of people who raised their hands, who want to be witnesses, who want to tell their stories, who know how it works.... The allegations will have to be supported with evidence, with questioning and a trial,'' Woods said, adding that the process will take a few years.