Lawsuit sought on behalf of children abused in N.L. custodial institutions

A class-action lawsuit is being sought against the government of Newfoundland and Labrador, on behalf of people who were abused as children in custodial facilities.

These facilities were government-run homes for boys and girls, including the Whitbourne Boys Home and others in Pleasantville and Torbay. The lawsuit is being launched by Mount Pearl law firm Morris Martin Moore.

According to a statement from the firm on Wednesday, the abuse of children in Whitbourne was brought to the attention of government officials in 1955, but officials failed to act.

"Government failed in its duty to these children and put its own interests first," said the release.

'Willfully blind'

The class action statement of claim alleges physical, sexual and emotional abuse of children in the facilities.

Lawyer Lynn Moore says evidence shows the government of the day knowingly allowed a horrific level of abuse of children in its care. 

"It's really hard to comprehend how people who were given the responsibility of protecting children could have been so willfully blind and dismissive of complaints of horrendous abuse," Moore said.

It's had profound lifelong impacts.- Lynn Moore

Information the lawyers say they uncovered shows "cycles of suppression and concealment interspersed with disclosures of abuse."

The firm points to specific disclosures, including a magisterial inquiry in 1955; the Hughes Inquiry in 1988; and the conviction in 1972 of a former guard from the Pleasantville facility.

Four brave souls

Moore says the firm was prompted to launch the lawsuit due to the number of people contacting them with their stories of abuse. 

"A lot of people say, 'I can't do this on my own,'" Moore said. "So the comfort of a class action is that there's four brave souls who have agreed to be representative plaintiffs and then the other people can join in without taking as much responsibility on their shoulders."

In addition to the four representative plaintiffs, 15 others have also come forward. There is a publication ban on any information which could reveal their identities.

Moore said many of the complainants continue to suffer from post-traumatic stress, anxiety and depression.

"We've had a client tell us that he was being sexually assaulted and they threw him in 'the hole' for it — they put him in solitary confinement because he made a complaint of sexual abuse," Moore said.

"It has impacted people's ability to get an education, an ability to work and it's had profound lifelong impacts."

Appeal to women

The firm is looking for others who experienced abuse at these institutions to reach out.

Based on what the first representative plaintiff Jane Doe has said about the rampant abuse at Pleasantville when she was there, the firm is making a special appeal to women to come forward.

Moore said they know from experience and statistics that women are less likely to come forward if they've been abused. 

"We see approximately 10 men contacting us for representation to every one woman," Moore said. 

Once the province files a defence, the lawyers will be asking the court to certify the case as a class-action lawsuit.