Province of P.E.I. denies responsibility in historic sexual assault lawsuit

The P.E.I. authorities is saying that two authorities our bodies recognized in a historic sexual assault lawsuit weren’t answerable for overseeing operations at a college that the sufferer and offender each attended.

As effectively, the province says in a press release of defence filed on April 4 in P.E.I. Supreme Courtroom that it can not property defend itself provided that 4 to 5 a long time have handed because the sexual offences occurred and a key witness – the convicted offender John Emile Gallant – has died.

The unique lawsuit was filed in January by a Charlottetown man who was a scholar at Stella Maris Excessive College in North Rustico within the Nineteen Seventies. When the scholar was 13 or 14 years outdated, he was sexually assaulted by Gallant – a trainer and vice-principal on the faculty. Within the assertion of declare, the sufferer recognized one occasion when Gallant drove him to a secluded space and sexually assaulted him and that this behaviour was repeated “on varied events”.

In 2006 in P.E.I. Supreme Courtroom, Gallant was convicted of sexually assaulting the complainant and was sentenced to 6 months in jail and three years of probation.

‘Unfairly and unjustly deprived’

The lawsuit names the province’s deputy legal professional common and Division of Justice and Public Security as defendants. The declare is that each of these entities had an obligation of care to maintain the sufferer secure and guarded whereas he was a scholar on the faculty throughout the time of the alleged sexual assaults. By not doing so, the defendants have been negligent and breached their fiduciary obligation.

Nevertheless, the province’s response is that neither the deputy legal professional common nor the Division of Justice and Public Security was answerable for working the varsity. Fairly, one other entity (or company physique) was answerable for overseeing operations, such because the instruction and supervision of scholars in addition to the hiring of lecturers and their supervision, management and self-discipline whereas on the faculty. The province additionally says the named defendants did not have any data of Gallant’s actions on the time, and any illegal acts have been dedicated solely by Gallant as a person.

The province additionally notes that within the roughly 44-52 years because the offences befell, not solely have witnesses and the convicted offender died, but in addition the reliability of testimony has deteriorated and paperwork have been misplaced or are unavailable. As such, the province is “unfairly and unjustly deprived in answering the allegations made by the plaintiff,” in line with the assertion of defence.

By way of negligence and breach of obligation, the province claims that the statute of limitations time interval has expired.

The sufferer is in search of compensation for ache and struggling, lack of enjoyment of life and future incomes capability, medical bills and the prices of future care.

The province is requesting that the claims be dismissed with prices.

The assertion of declare and assertion of defence comprise allegations not but confirmed in court docket.