by Slidin Fast 8 Replies latest watchtower child-abuse
According to these news items the child abuse front is extending to Quebec. A class action would really open some eyes I suspect. Here's hoping! Does any one know more?
http://www.cbc.ca/news/canada/montreal/quebec-jehovahs-witnesses-allegations-child-abuse-1.4291646
It is technically not a class action lawsuit right now. There is a petition for it to be classified as such but it is up to the court to grant that status.
I know that this isn't the US but it may be somewhat similar. For it to be a class action there has be a significant amount of people who have suffered that harm from that action. Also they plaintiffs would have to suffer from very similar harm and from very similar causes.
I think that they may get classification on one of their cause of action which is those that have been abused by Elders, but I really doubt that it will extend to the cause of action that the perpetrator was just a member of Jehovah's Witnesses and is not an agent of Watchtower.
Might some child rape victims have settled already, and therefore not adding to that list? reducing the might?
Certainly the law firm that is filing this has taken a lot into account but it is not as easy as people think and they may lose. Look at in the US the Berry case that was won by Watchtower, even though the law firm that took on the case did all of their homework and thought that they had a real case.
I found this interesting about class action cases in Canada.
Tests for Certification
The details of the tests differ in each jurisdiction’s legislation. However, generally speaking, there are five criteria that must be satisfied in order for the action to be certified:
• the pleadings must disclose a cause of action;
• there must be an identifiable class;
• the proposed representative must be appropriate;
• there must be common issues; and
• the class action must be the preferable procedure.
Yes, the law firm I work for is working on getting one going on across Canada.
• there must be common issues; and
I imagine this might be the biggest hurdle, as the "common" issue is quite debatable. An ideal class action would be based on a pattern of very similar pattern of repeatable behavior by defendant (WT). (E.g., construction workers work daily with a chemical the manufacturer knows causes long-term health issues. However, the company keeps the health risks secret then later denies any liability for the harm caused to workers' health. So in other words, same behavior/action over and over again to a class of people.)
Yes, all may have been abused, but the circumstances and perceived "mishandling" will likely vary widely. Was it an Elder who abused? Was it an Elder who discouraged/prevented reporting? Was it a baptized person who was the abuser? Was a known abuser appointed, re-appointed, DF'd, not DF'd? Was the abuser a known repeat abuser? Etc., etc., etc....
Were the WT's actions in response to abuse (or report of abuse) "common" enough across enough individual cases to form a "class"?
There is also a different law code in Quebec than the rest of Canada, and what Wood would do in Quebec might not fly in Higgerty's Ontario.
Thanks for all your comments.
