Winnipeg Free Press

Winnipeg Free Press (Newspaper) - October 3, 2008, Winnipeg, Manitoba C m y k Page a17 o Ottawa the supreme court of Canada refused thursday to make it harder for victims of childhood sexual assault to successfully sue their tormentors in a ruling that was a loss for a former Indian residential school supervisor who was found liable for raping a child in his care almost 40 years ago. The court unanimously overturned a 2007 decision in the British Columbia court of Appeal that found testimony of adult victims about events that happened Long ago requires Independent corroboration. Such evidence May not be available especially when the alleged incidents took place decades earlier Justice Marshall Rothstein wrote in the 7 0 ruling. The court in siding with a complainant identified As f. H., put to rest a percolating Legal debate about whether the Standard of proving liability in civil cases involving serious wrongdoing should be As High or even higher than it is for proving criminal guilt. The ruling reinforces the existing Standard for being found liable in a civil suit a judge must come to the conclusion that the wrongdoing probably happened. I think it is time to say once and for All in Canada that there is Only one civil Standard of proof. And that is proof on a balance of probabilities wrote Rothstein. In a criminal Case where there is a presumption of innocence and the Freedom of the accused is at stake the Crown must prove guilt beyond a reasonable doubt. However even criminal cases do not require corroboration of sexual assault noted Rothstein. The complainant f. H., was a student from 1966 to 74 at the Sechelt Indian residential school run by the oblate of Mary immaculate and funded by the Federal government. Ian Hugh Mcdougall was a supervisor at the school and f. Said at his 13 Day trial that he was repeatedly sexually assaulted in the supervisors washroom when he was about 10 years old. The supreme court decision restores the trial judges finding that f. Had been raped by Mcdougall four times during the 1968 69 school year. In serious cases such As this one where there is Little other evidence than that of the plaintiff and the defendant and the alleged events took place Long ago the judge is required to make a decision even though this May be difficult said the decision. Assessing credibility is in the Bailiwick of the trial judge for which he or she must be accorded a heightened degree of deference. F. Has lawyer Allan Donovan said the ruling Means the two sides can negotiate compensation now that Mcdougall has been found liable. The decision he said also clears up widespread confusion on whether judges in civil suits particularly those involving serious allegations ranging from fraud to sexual assault should follow a higher Standard of proof. This is going to be helpful across the Board said Donovan predicting the decision could have a greater Impact on sexual assault complainants who did not attend residential schools. Many residential school victims Are involved in an out of court Resolution process with the Federal government that precludes filing lawsuits. Can West news service i think it is time to say once and for All in Canada that there is Only one civil Standard of proof. And that is proof on a balance of probabilities Justice Marshall Rothstein wrote in the 7 0 ruling Winnipeg repress. Com Canada Winnipeg free press Friday october 3, 2008 a 17 Portage at the perimeter its this easy Purchase or lease any new or pre owned vehicle Roll d o d g e wins and win $ 50,000 Cash per Deal. 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Ontario Public health officials Are looking for 27 people who May have contracted tuberculosis from another passenger while travelling on a greyhound bus. Ontario Ops chief medical officer of health or. David Williams is urging the 27 passengers who got off the greyhound bus in Windsor on aug. 31 to Contact their local health units and get tested for to an infectious lung disease which can be deadly if left untreated. T he female passenger with infectious to was travelling on greyhound trip no. 0367, which departed from Toronto at 12 30 p. On sunday aug. 31 and was bound for Detroit with 33 passengers on Board. The bus made a Stop in London at 2 35 p. And picked up nine More passengers. When the bus arrived in Windsor at 5 05 p. M., 27 people got off before it continued toward Detroit. Windsor Essex county medical officer of health or. Allen Heimann said the infected woman was detained at the Border by United states customs officials. She was flagged because she had previously tested for tuberculosis in the u. S. And her name was listed with the u. S. Centers for disease control and prevention. Heimann said the woman a Canadian citizen who does not live in Windsor was sent to Windsor regional Hospital and quarantined there for about a week. She was then sent to a special facility in Toronto for further treatment under quarantine. The risk to the other bus passengers is very Low Heimann said but they should All be screened for to. These 27 individuals Are not a concern to the Public at Large he said. They Are not a risk to their families friends co workers or people in the Community. We Are looking for them to see whether or not they May have been exposed to to Public health authorities did not Issue an Alert until thursday because exposure to to bacteria cannot be detected for at least three weeks said Ontario health ministry spokesman Mark Nesbitt. said officials also first tried to track Down the 27 passengers who got off the bus in Windsor on their own but were unsuccessful. Tuberculosis bacteria Are spread through the air when someone with Active to disease coughs sneezes or spits. To become infected a person usually has to have frequent exposure to someone with Active to. Can West news service health officials seek bus passengers after one found with to by Sonja Puzic child sex victims backed court ends debate Over proving liability by Janice Tibbetts a 17_ oct 03 08. Ind a17 1 0/ 2/ 08 6 56 44 pm ;