The minister of justice talks about reviewing the law, but won’t say more
Helen Conway Ottenheimer, a critic of the justice system, wants Justice Minister John Hogan to change the Limitations Act so that there are no more time limits on physical abuse cases.
The member of the Progressive Conservative Party told CBC News that she talked to Hogan about the issue in February and that he seemed open to her request. Conway Ottenheimer said she hasn’t heard anything since then, but she hopes to see changes soon.
She told CBC News on Tuesday morning, “I don’t understand why this isn’t moving forward.” “First of all, it’s a matter of access to justice. People who were physically abused as children need to be able to use the justice system without any roadblocks or barriers.”
Newfoundland and Labrador is one of only two provinces in Canada that has a limit on how long you have to report someone for physical abuse. People have a limited amount of time to file lawsuits: two years after the abuse happened, or two years after the victim turned 19 if it was child abuse.
There is an exception if the effects of the abuse aren’t found until later in life, like through therapy. However, that exception ends 10 years after the abuse or 10 years after the victim turns 19.
Court challenge ongoin
Lynn Moore is a lawyer who has been fighting abuse cases for a long time. Her client was abused while under the care of the Department of Social Services, but the province won’t settle with the man because he came forward after the statute of limitations had passed.
Moore is going against what the province says by saying that the Limitations Act violates the Charter rights of her client. She said that it would be easier to change the law than to question whether it is constitutional.
Conway Ottenheimer said that it bothers him when people who have been abused are told that they are out of time.
She said, “Our justice system should protect our most vulnerable people, like those who have been hurt in this way.””They should be urged to tell the truth. Because of this, we need laws like this that are forward-looking, cover a lot of ground, and don’t stop people from exercising their basic rights.”
A minister hints that laws might be changed
Conway Ottenheimer brought up the issue in the House of Assembly on Tuesday afternoon. He asked Hogan why there is no statute of limitations for sexual abuse but there is for physical abuse.
“It wouldn’t be right for me to give a clear answer about how the Limitations Act should be interpreted while a case is still going through the courts,” Hogan said. “But I will say that we always look at any piece of legislation to see if it makes sense and to see how it works in other parts of the country. This is one we will continue to look at as well.”
New Brunswick is the only other province that has a limit on physical abuse of children. In the 1990s, after the Hughes Inquiry into widespread sexual abuse at the Mount Cashel Orphanage, Newfoundland and Labrador got rid of the statute of limitations on sexual abuse.
That made it possible for hundreds of men to sue the institutions that were responsible for their abuses, which led to the Christian Brothers of Ireland in Canada and the Roman Catholic Archdiocese of St. John’s going bankrupt.
Conway Ottenheimer said that the unknown cost of future claims of abuse could be a reason why the Limitations Act shouldn’t be changed.
“That may be a factor, and there may be a fear that this would lead to a flood of cases,” she said. “But if that’s the case, we need to see that evidence.” “If that’s the case, bring it forward and show us,” she said.
Conway Ottenheimer wants to see the changes to the law made during this House of Assembly session, which is set to end at the end of May.
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