Mount Cashel Orphanage
Encyclopedia
The Mount Cashel Orphanage is a former Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 orphanage
Orphanage
An orphanage is a residential institution devoted to the care of orphans – children whose parents are deceased or otherwise unable or unwilling to care for them...

 that was operated by the Congregation of Christian Brothers
Congregation of Christian Brothers
The Congregation of Christian Brothers is a worldwide religious community within the Catholic Church, founded by Blessed Edmund Rice. The Christian Brothers, as they are commonly known, chiefly work for the evangelisation and education of youth, but are involved in many ministries, especially with...

. It was located in St. John's
St. John's, Newfoundland and Labrador
St. John's is the capital and largest city in Newfoundland and Labrador, and is the oldest English-founded city in North America. It is located on the eastern tip of the Avalon Peninsula on the island of Newfoundland. With a population of 192,326 as of July 1, 2010, the St...

, Newfoundland and Labrador
Newfoundland and Labrador
Newfoundland and Labrador is the easternmost province of Canada. Situated in the country's Atlantic region, it incorporates the island of Newfoundland and mainland Labrador with a combined area of . As of April 2011, the province's estimated population is 508,400...

.

Before the orphanage was built, there was a station where citizens of St John's could buy goods such as gasoline and oil. In 1898, the Roman Catholic
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...

 Archbishop of St. John's
Roman Catholic Archdiocese of St. John's, Newfoundland
The Roman Catholic Archdiocese of St. John's is an archdiocese of the Roman Catholic Church based in St. John's, Newfoundland and Labrador, Canada....

 Michael Francis Howley
Michael Francis Howley
Michael Francis Howley was a Roman Catholic priest and Archbishop of Saint John’s, Newfoundland from 1904 to 1914.-External links:*...

 donated land for an orphanage on the northeastern edge of the Dominion
Dominion of Newfoundland
The Dominion of Newfoundland was a British Dominion from 1907 to 1949 . The Dominion of Newfoundland was situated in northeastern North America along the Atlantic coast and comprised the island of Newfoundland and Labrador on the continental mainland...

's capital, approximately 1 km (0.621372736649807 mi) north of Quidi Vidi Lake
Quidi Vidi Lake
Quidi Vidi Lake is a mile long body of water located at the east end of the city of St. John's, Newfoundland, Canada. The lake has a long history of hosting sporting events, with the most renowned being the annual Royal St. John's Regatta, said to be the oldest continuous sporting event still held...

. The orphanage was named the Mount Cashel Boys Home after the Rock of Cashel
Rock of Cashel
The Rock of Cashel , also known as Cashel of the Kings and St. Patrick's Rock, is a historic site in Ireland's province of Munster, located at Cashel, South Tipperary.-History:...

 in County Tipperary
County Tipperary
County Tipperary is a county of Ireland. It is located in the province of Munster and is named after the town of Tipperary. The area of the county does not have a single local authority; local government is split between two authorities. In North Tipperary, part of the Mid-West Region, local...

 where it is said that Saint Patrick
Saint Patrick
Saint Patrick was a Romano-Briton and Christian missionary, who is the most generally recognized patron saint of Ireland or the Apostle of Ireland, although Brigid of Kildare and Colmcille are also formally patron saints....

 baptized the pagan king Óengus mac Nad Froích
Óengus mac Nad Froích
Óengus mac Nad Froích was an Eoganachta and the first Christian king of Munster. He was the son of Nad Froich mac Cuirc by Faochan, a British lady...

 in 450 AD. The facility was located on the eastern side of the intersection of Mount Cashel Road and Torbay Road. The Mount Cashel Orphanage, as with numerous other orphanages in Newfoundland, received a bequest from the estate of the late James M. Ryan
James M. Ryan
James Ryan businessman, oldest of seven sons and two daughters of Mary Ellen Fleming and Michael Ryan was born in Bonavista, Newfoundland, Canada....

 in 1917.

Following Confederation
Canadian Confederation
Canadian Confederation was the process by which the federal Dominion of Canada was formed on July 1, 1867. On that day, three British colonies were formed into four Canadian provinces...

 in 1949, the provincial government began to place wards of the state at the Mount Cashel Orphanage in the 1950s.http://ngb.chebucto.org/C1945/45-mt-cashal-orphanage-a-sje.shtmlhttp://www.collectionscanada.gc.ca/genealogy/022-911.003.13-e.htmlhttp://www.legends.ca/orphanages/orphanList0-Z/orphanCAN.html

For the last 40 years of operation, the facility was operated by the Christian Brothers of Ireland in Canada (CBIC). The CBIC announced on November 27, 1989 that the orphanage would be closing.http://archives.cbc.ca/society/crime_justice/clips/12676/

Canada's largest sexual abuse scandal, and one of the largest in the world (see below) was disclosed in 1989, resulting in the closure of the facility in 1990 after the last resident was moved to an alternate facility. The property was seized and the site razed and sold for real estate development in the mid-1990s as part of a court settlement ordering financial compensation to the victims. Today a Sobeys
Sobeys
Sobeys is the second largest food retailer in Canada, with over 1,300 supermarkets operating under a variety of banners. Headquartered in Stellarton, Nova Scotia, it operates stores in all ten provinces and accumulated sales of more than $14 billion CAD in 2009...

 supermarket at 10 Elizabeth Avenue and a small residential development called Howley Estates sit on the land once occupied by the orphanage.

Sexual and physical abuse scandal

An extensive pattern of sexual and physical abuse of more than 300 orphanage residents perpetrated by staff members, specifically members of the Christian Brothers of Ireland in Canada (CBIC), was uncovered during the late 1980s and early 1990s.

Multiple criminal investigations, a provincial government-commissioned Royal Commission of Inquiry (the Hughes Inquiry
Hughes Inquiry
The Hughes Inquiry was a Canadian royal commission launched after allegations of sexual abuse by members of the Congregation of Christian Brothers at Mount Cashel Orphanage in Newfoundland....

) and an Archdiocese of St. John's-commissioned inquiry (the Winters Inquiry) resulted in criminal convictions and millions of dollars in court-imposed financial settlements. Compensation was provided by the Government of Newfoundland for orphanage residents who were wards of the state and several properties owned by the CBIC in Newfoundland and Labrador and other provinces were seized and liquidated.

As of May 2009 there were still approximately 50 civil lawsuits being processed by the courts by victims of the sexual and physical abuse at the orphanage.http://74.125.93.132/search?q=cache:r1ldIadvricJ:www.nationalpost.com/m/story.html%3Fid%3D1626064%26s%3DHome+sobeys+%22mount+cashel%22&cd=3&hl=en&ct=clnk&gl=ca&client=firefox-a

1975 criminal investigation

In December 1975 the Royal Newfoundland Constabulary
Royal Newfoundland Constabulary
The Royal Newfoundland Constabulary is a police force in the Canadian province of Newfoundland and Labrador. It provides policing to the communities of St. John's and the Northeast Avalon Peninsula, Corner Brook, Churchill Falls, and Labrador City....

 (RNC) began an investigation into physical and sexual abuse allegations at the Mount Cashel Orphanage. This resulted in 5 staff who were members of the Christian Brothers of Ireland in Canada being implicated by 20 residents. The investigation was curtailed by the Chief of the RNC on instruction from the Department of Justice, despite 2 members of the CBIC admitting sexual wrongdoing. No further residents were interviewed and the 2 staffmembers were placed in treatment centres outside the province and then transferred to other CBIC-operated institutions in Canada.http://www.nwac-hq.org/en/documents/InstitutionalAbusePublicResponse.pdf

1982 criminal investigation

In 1982 the RNC began a second investigation into physical and sexual abuse allegations at the Mount Cashel Orphanage. Thirteen separate reports were written (9 by the Department of Social Services and 4 by the RNC). One staff member who was a member of the Christian Brothers of Ireland in Canada was charged with sexual offences and convicted, receiving a sentence of 4 months in jail and 3 years probation.http://www.nwac-hq.org/en/documents/InstitutionalAbusePublicResponse.pdf

1989 media revelations

A caller to VOCM
VOCM (AM)
VOCM is an AM radio station in St. John's, Newfoundland and Labrador, Canada, broadcasting at 590 kHz. Owned by Newcap Radio, VOCM first went on the air in 1936. October 19, 2011 marks 75 years of broadcasting for VOCM...

's radio call-in program "Open Line" on February 13, 1989 mentioned suspicion of a cover-up by the Government of Newfoundland and Labrador into sexual and physical abuse at the orphanage.http://www.nwac-hq.org/en/documents/InstitutionalAbusePublicResponse.pdf One of those listening to "Open Line" that day was a justice of the Supreme Court of Newfoundland and Labrador
Supreme Court of Newfoundland and Labrador
The Supreme Court of Newfoundland and Labrador is the superior court for the Canadian province of Newfoundland and Labrador. The Supreme Court of Newfoundland and Labrador has jurisdiction to hear appeals in both criminal and civil matters from the Supreme Court of Newfoundland and Labrador ,...

 who followed up on the issue with the provincial government's Associate Deputy Attorney-General. On February 14, 1989 the Crown prosecutor's file on the physical and sexual abuse allegations at the Mount Cashel Orphanage was officially re-opened and the RNC was instructed to complete its 1975 investigation and determine why charges were never laid.http://www.nwac-hq.org/en/documents/InstitutionalAbusePublicResponse.pdf

On Easter Sunday, March 26, 1989 the independent weekly newspaper The Sunday Express, under the direction of publisher Michael Harris, began to publish allegations of sexual and physical abuse perpetrated by staff at the Mount Cashel Orphanage against residents dating back to the 1950s. These editions of The Sunday Express created a sensation across Newfoundland and Labrador and quickly led to calls for a public inquiry.http://staff.library.mun.ca/staff/newspapers/s.htmhttp://books.google.ca/books?id=0mtaB8gg-iAC&pg=PA304&dq=1989+and+%22Gordon+Winter%22+and+%22Penney%22#v=onepage&q=1989%20and%20%22Gordon%20Winter%22%20and%20%22Penney%22&f=false

1989-1996 criminal investigation

The RNC investigation that was reactivated in February 1989 eventually resulted in the arrest of 14 staff members (9 members of the Christian Brothers of Ireland in Canada, 5 civilians) on 88 counts of physical and sexual abuse. Charges were laid against 4 members of the CBIC in 1992 relating to the aborted 1975 investigation, followed by further charges in 1996 alleging sexual and physical abuse committed by 6 staff during the 1950s and 1960s. A further 4 staff members were eventually charged, although only 9 members of the CBIC were convicted.http://www.religioustolerance.org/clergy_sex3.htmhttp://www.mun.ca/rels/rc/texts/rchistory.htmhttp://www.mountcashelorphanage.com/

1989 Royal Commission

The growing controversy during Easter Week
Easter Week
Easter Week is the period of seven days from Easter Sunday through the Saturday following.-Western Church:In the Latin Rite of Roman Catholicism, Anglican and other Western churches, Easter Week is the week beginning with the Christian feast of Easter and ending a week later on Easter Saturday...

 in late March 1989 as a result of The Sunday Express publication regarding the alleged cover-up by the Government of Newfoundland and Labrador
Government of Newfoundland and Labrador
The Government of Newfoundland and Labrador refers to the provincial government of the province of Newfoundland and Labrador. Its powers and structure are set out in the Constitution Act, 1867....

, the Royal Newfoundland Constabulary
Royal Newfoundland Constabulary
The Royal Newfoundland Constabulary is a police force in the Canadian province of Newfoundland and Labrador. It provides policing to the communities of St. John's and the Northeast Avalon Peninsula, Corner Brook, Churchill Falls, and Labrador City....

, and the Archdiocese of St. John's
Roman Catholic Archdiocese of St. John's, Newfoundland
The Roman Catholic Archdiocese of St. John's is an archdiocese of the Roman Catholic Church based in St. John's, Newfoundland and Labrador, Canada....

 led interim Premier Tom Rideout to announce the appointment on March 31, 1989 of a Royal Commission
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...

 led by a retired justice of the Supreme Court of Ontario
Supreme Court of Ontario
The Supreme Court of Ontario was a superior court of the Canadian province of Ontario. Now defunct, in 1989 the Courts of Justice Amendment Act, 1989 was enacted by the Government to create one large superior trial court for Ontario...

, Samuel Hughes QC to investigate the obstruction of justice.

The Hughes Inquiry
Hughes Inquiry
The Hughes Inquiry was a Canadian royal commission launched after allegations of sexual abuse by members of the Congregation of Christian Brothers at Mount Cashel Orphanage in Newfoundland....

 (also the Hughes Commission), as this Royal Commission came to be known, commenced on June 1, 1989 and heard from dozens of witnesses over 2 years, making its report public in April 1992. It found that the Christian Brothers of Ireland in Canada staff members who had been the target of the RNC investigation in 1975 should have been charged. The commission also found that the Department of Justice had interfered with the police investigation. Commissioner Hughes recommended that the Government of Newfoundland and Labrador establish a compensation fund for the abuse victims, although no size limit was discussed, nor recommendations on providing counselling services to victims.

1989 civil lawsuit

One of the victims of sexual and physical abuse at the Mount Cashel Orphanage, Shane Earle, filed a civil lawsuit in April 1989, naming the Government of Newfoundland and Labrador and the Archdiocese of St. John's as defendants. The action was amended to claim $18 million for 9 former residents of the orphanage.

1989 Archdiocesan Commission of Enquiry

The Winter Commission
Winter Commission
The Winter Commission was a diocesan commission appointed in May 1989 by Alphonsus Liguori Penney, the Roman Catholic Archbishop of Saint Johns, to conduct hearings surrounding the Mount Cashel abuse affairs....

 was appointed in 1989 by bishop Penney and released its report during the following year. Its conclusion led to the resignation of Penney.

Settlements and continuing litigation

On April 5, 1992, the Christian Brothers of Ireland in Canada formally apologized to the victims of physical and sexual abuse at the Mount Cashel Orphanage.

In response to the Hughes Inquiry, and facing dozens of civil lawsuits, the Government of Newfoundland and Labrador
Government of Newfoundland and Labrador
The Government of Newfoundland and Labrador refers to the provincial government of the province of Newfoundland and Labrador. Its powers and structure are set out in the Constitution Act, 1867....

 acknowledged its responsibility in 1997 as a result of having sent wards of the state to the Mount Cashel Orphanage and paid a settlement of $11.25 million to approximately 40 former residents who were victims of sexual and physical abuse. The provincial government then began a process of seeking to reclaim this money from the assets of the Christian Brothers of Ireland in Canada.http://www.releases.gov.nl.ca/releases/2002/just/1213n07.htm

The CBIC announced the closure of the Mount Cashel Orphanage on November 27, 1989 and it was permanently shuttered the following year after the last resident was relocated to another facility. The court-ordered compensation to victims saw the CBIC demolish the orphanage and sell the land to property developers for $8 million, which was paid to victims. CBIC properties across Canada became the target of court-ordered liquidation.

In December 2000 The StarPhoenix reported that leaders of the Christian Brothers at the Vatican
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...

 conspired to transfer ownership of the order's assets out of Canada to prevent court-ordered liquidation to pay compensation to sexual and physical abuse victims. It was also alleged that the Archdiocese of Vancouver
Roman Catholic Archdiocese of Vancouver
The Roman Catholic Archdiocese of Vancouver is a Roman Catholic archdiocese that includes part of the Province of British Columbia. It is the metropolitan see of the ecclesiastical province which includes the suffragan dioceses of Kamloops, Nelson, Prince George, and Victoria...

 conspired to shield Vancouver College
Vancouver College
Vancouver College is an all-boys university-preparatory Catholic school located in the Shaughnessy neighbourhood of Vancouver, British Columbia, Canada. VC's elementary and secondary programs have a combined population of over 1,000 students. Despite its Catholic denomination, it is open to all...

 and St. Thomas More Collegiate
St. Thomas More Collegiate
Saint Thomas More Collegiate, St. Thomas More Collegiate or STMC is a independent private school located in Burnaby, British Columbia, Canada....

. On July 27, 2002 an out of court settlement of $19 million was paid by the two schools to the liquidating company Deloitte and Touche, appointed to oversee the liquidation of the Christian Brothers of Ireland in Canada. A news release from Deloitte and Touche stated that the settlement was "reasonable" despite the schools having a real estate value of $40 million at the time. A lawyer for Mount Cashel victims was also quoted in opposition to any of the $19 million settlement being used to pay the Government of Newfoundland and Labrador, arguing that it should be used for compensating the victims.http://www.cbc.ca/canada/story/2002/07/23/cashel_schools020723.html

2009 case involving Bishop Lahey

On October 2, 2009 it was revealed by the Canadian Broadcasting Corporation
Canadian Broadcasting Corporation
The Canadian Broadcasting Corporation, commonly known as CBC and officially as CBC/Radio-Canada, is a Canadian crown corporation that serves as the national public radio and television broadcaster...

 that the former Bishop of Antigonish, Raymond Lahey
Raymond Lahey
Raymond John Lahey B.Th. L.Th. Ph.D. D.D. is Roman Catholic Bishop Emeritus of the Diocese of Antigonish in Nova Scotia. Lahey resigned from his position at the Catholic Church after being charged with possession of child pornography when members of the Canada Border Services Agency discovered...

, who is currently facing criminal charges in connection to a September 15, 2009 incident, was observed in the mid-1980s as having possessed child pornography material while a minister at a suburban St. John's parish.

This accusation was made in 1989 by a then-Mount Cashel resident to the Hughes Commission; the resident had been visiting Lahey's house at the time when the material was noticed. The Royal Newfoundland Constabulary
Royal Newfoundland Constabulary
The Royal Newfoundland Constabulary is a police force in the Canadian province of Newfoundland and Labrador. It provides policing to the communities of St. John's and the Northeast Avalon Peninsula, Corner Brook, Churchill Falls, and Labrador City....

 never acted upon the revelation and did not begin an investigation.

Ironically, former Bishop Lahey, while Bishop of Antigonish, had announced on August 7, 2009 that the Diocese of Antigonish had reached a $15 million settlement for a class action lawsuit filed by victims of physical and sexual abuse by several diocesan priests in eastern Nova Scotia dating to the 1950s.

See also

  • Hughes Inquiry
    Hughes Inquiry
    The Hughes Inquiry was a Canadian royal commission launched after allegations of sexual abuse by members of the Congregation of Christian Brothers at Mount Cashel Orphanage in Newfoundland....

  • Sexual abuse scandal in St. John's archdiocese
    Sexual abuse scandal in St. John's archdiocese
    The sexual abuse scandal in St. John's archdiocese is an important chapter in the series of clerical abuse affairs that occurred in the dioceses of Canada.-James Hickey affair:...

  • Boys of St. Vincent, a movie based on the sexual and physical abuse cases at the Mount Cashel Orphanage
  • Edward English, a Christian Brother and staff member at the Mount Cashel Orphanage
  • Joseph Burke, a Christian Brother and staff member at the Mount Cashel Orphanage
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