Charitable Immunity from Suit

Newfoundland and Labrador was probably the first place in North America where clergy abuse came to public consciousness and rocked the pillars of society.  The infamous abuse by Christian Brothers at the Mount Cashel Orphanage blew the lid off, but numerous suits against priests and ministers have followed.  In one of these, charitable immunity was raised by our own Court of Appeal as a defence for churches who had turned a blind eye and knowingly moved priests around and given them new opportunities for predation.  Fortunately on further appeal, the Supreme Court of Canada soundly banished this unjust anti-victim defence from modern law in this country.  For those who have an interest, the case is John Doe v. Bennett, 2004 SCC 17 (CanLII).

And Ben, you might think of relying on Bennett in your own argument as an illustration of how an advanced common law system has abrogated this unjust doctrine.  Good luck.

I posted this comment on a lawyer friend's website - he is battling the same injustice in Virginia.