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Saint John Law Courts in summer

Estabrooks settlement nearly finalized

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While there are still some details to be worked out, a settlement agreement between victims of Kenneth Estabrooks and the City of Saint John has been completed.

Justice Darrell Stephenson OK’d the agreement during a hearing in Saint John Thursday morning, approving a $16.5-million deal.

“The settlement is fair, reasonable and in the best interest of the class,” Stephenson said.

He said it not only brought some certainty to class members, but eliminated the need for them to testify in what would likely have been a drawn-out trial.

The class-action suit was brought in 2013 by Robert Hayes, one of Estabrooks’ victims.

RELATED: Hayes and Other Victims File Class-Action Suit Against the City

It claimed Estabrooks used his position as a Saint John police officer to sexually abuse a number of people between 1953 and 1975.

It was also alleged he was transferred to the city’s works department when incidents came to light and that he continued to sexually abuse people there until his retirement in 1983.

Private investigators hired by the city found 263 people, mostly boys, may have been abused.

Estabrooks was convicted of four counts of indecent assault in 1999.

He died in prison in 2005 while serving a six-year sentence.

The exact amount each victim will receive from the settlement is not yet known.

Justice Stephenson asked lawyers for all parties to prepare submissions regarding a $2.3-million payout for a litigation fund as part of the case.

He said that amount, along with other legal fees and expenses to be paid out of the settlement, means only 43.5 per cent of the settlement will actually go to the class members.

“I don’t want this to become some benchmark precedent,” Stephenson said.

Among the settled amounts, Hayes will receive an honorarium of $25,000 for acting as the representative plaintiff.

Justice Stephenson said it was clear Hayes was “perhaps more than entitled” to the amount.

“I salute your tenacity and your courage in seeing this through,” the justice said to Hayes.

Point Park 2014

Fort Frances settles on Point Park ruling

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The mayor of Fort Frances is hoping the issue over Point Park is now over.

The town was forced to pay $1.5 million for the legal fees of the four First Nations that opposed the town’s ownership claim to the park.

A court ruled against the town last year and ordered the town to pay the legal fees of the First Nations, as well as those of the provincial and federal governments, who were also parties in the case.

Andrew Hallikas says the money owed to the First Nations has been paid.

“I am very pleased to put this litigation behind us,” says Hallikasa.

“Of course, it’s a financial blow to the municipality. But when you undertake litigation, you also undertake the risk of costs. We lost litigation. Costs were awarded to the other party, and we have to pay them.”

The town did not pay the legal fees of the provincial or federal governments, which also totalled close to $1.5 million.

With help from Kenora-Rainy River MPP Greg Rickford and Thunder Bay-Rainy River MP Marcus Powlowski, the town was able to get those costs waived.

“We thought that was a bit of a David and Goliath thing,” says Hallikas in explaining the decision to reach out for assistance.

“The amount of money that we would pay the country of Canada is a drop in the bucket to them, but it’s a huge amount of money to a small municipality like us. And ditto Ontario.”

“We thought that there was a possibility that we could get them to waive their fees. So we spoke to our elected representatives.”

Hallikas credits both Rickford and Powlowski for helping the town.

He insists the payment had no impact on this year’s budget.

The money, he says, was taken out of reserves.

“It’s not affecting any property taxes at all because, like any municipality, we plan. We have a fund for contingencies, and the money came out of our reserves. It doesn’t affect any tax rates,” emphasizes Hallikas.

Hallikas says he is now focused on moving forward and improving relationships with the First Nations, which it took to court for nearly 30 years.

He has already had several conversations with their leadership since last year’s court ruling.

Emo Township Office

Emo township motion to include “fresh evidence” denied by court

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The township of Emo has lost a motion in its request for a judicial review of a 2024 Human Rights Tribunal decision.

The township argued that an affidavit from its Chief Administrative Officer was important in its case.

The Tribunal, in 2024, found the township discriminated against Borderland Pride when council failed to support a Pride proclamation in 2020.

In its ruling, the Tribunal awarded $15,000 in damages to Borderland Price and ordered Mayor Harold McQuaker and the township’s CAO to complete a 30-minute online human rights training course.

Lawyers for Emo township argued the affidavit from the CAO was “fresh evidence.”

It included a statement that the CAO was not given notice that any ruling made by the Tribunal would also apply to her, even though she was not in the position when the township made its decision.

While the court recognized that fact, it ruled there was no other evidence in the affidavit that was relevant to the judicial review.

kenoracourt

New judge assigned to Kenora courthouse

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A lawyer known to the legal community in the Kenora and Fort Frances areas has been appointed as a judge to the Ontario Court of Justice.

Joanne Michelle Marie Clouston will work out of the Kenora Courthouse, beginning on January 29th.

She began her legal career in Manitoba as an associate lawyer with a former Winnipeg law office.

She then joined a firm in Thompson, Manitoba, as child protection agency counsel for Child and Family Services and Michif Child and Family Services in Thompson.

In 2018, Clouston moved to northwestern Ontario where she first worked at the Crown Attorney’s Office in Fort Frances before joining the Kenora-Rainy River District Child and Family Services as its senior legal counsel.

She was appointed as a Justice of the Peace in Kenora last May.

She will continue to work out of the Kenora court in her new role.

Courtroom One Gavel

Province considering new bail requirements

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The Ford government is proposing several changes to the process by which an accused person obtains bail.

It includes having the money being paid up front.

Associate Solicitor General Zee Hamid says it is aimed at keeping repeat offenders behind bars and facilitating the collection of forfeited bail payments more easily.

“By requiring the full amount of promise to pay cash upfront, there’s a real consequence for repeat offence and noncompliance with bail conditions. Not to mention, if we already have the cash at hand, it makes collecting the debt easier,” says Hamid.

The money would be returned if bail conditions were met.

The proposed legislation also aims to improve how the province collects and administers bail debts.

Measures such as garnishing wages, seizing and selling property and using property liens are being considered.

A database is also proposed to enhance security checks, with the information to be shared with police services and prosecutors across the province.

Hamid says they are also looking to have individuals ordered to wear monitoring devices intended to track their whereabouts to pay the device’s full cost.

“A user-pay approach would ensure that those subject to GPS monitoring contribute to the cost of the device, while the funds could be used to support victim services and other vital justice programs,” says Hamid.

The legislation would also expand bail prosecution teams, which are made up of prosecutors and law enforcement agencies who prepare the strongest possible case in bail hearings.

Existing teams have managed over 4,000 serious violent cases since 2023.

“By strengthening Ontario’s bail system, we’re taking decisive action to protect our communities from violent, repeat offenders,” says Solicitor General Michael Kerzner.

“Our government is backing that commitment with record investments to build new correctional facilities, expand capacity and ensure there is always space to keep dangerous criminals behind bars.”

There is no indication of when the legislation may be in place.

bubbles

Trailer Park Boys actor charged with sexual assault

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The actor who portrays Bubbles on Trailer Park Boys has been charged with sexual assault in Nova Scotia.

The Nova Scotia Public Prosecution Service told Acadia Broadcasting that Mike Smith is scheduled for arraignment Nov. 10 at 10 a.m. at Halifax provincial court.

Court documents provided to Acadia Broadcasting state the charge relates to an alleged incident on Dec. 30, 2017, at or near Dartmouth, N.S.

The documents state Smith was ordered to have no contact with the complainant nor attend her residence or any place of work or education. He signed an undertaking to that effect Oct. 2.

The prosecution service also said it will be seeking a publication ban on any information that could identify the victim. Such a ban is mandatory under the Criminal Code of Canada.

There is no indication if Smith will appear in-person or will be represented by his lawyer.

A statement from Trailer Park Boys, Inc., which produces the comedy show, was posted to Facebook. The statement said the company was aware of the allegation and that Smith had stepped away from his role as managing director of the company.

Gavel

Federal Court of Appeal gives life to class action against federal government

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A proposed class action by RCMP officers may be back on track following a ruling last month.

The original claim was filed in September 2020 against the Attorney General of Canada on behalf of a proposed class of current and former regular members of the RCMP who have experienced an operational stress injury (OSI).

An OSI refers to a persistent psychological difficulty resulting from some experience members have had on the job.

The claim alleged that the Crown failed to deliver adequate and timely mental health support services to address class members’ needs.

“It is asserted that the Crown has enabled a work environment that discourages access of care by class members and suppresses acknowledgement of mental disability,” said a press release from Wagners, the law firm representing the class members.

In August 2023, a Federal Court judge dismissed the application to certify the proceeding as a class action.

The decision was made in part on the basis that class members may already be eligible to receive a disability pension from Veterans Affairs Canada for their OSIs, barring the class action under the Crown Liability and Proceedings Act.

The same judge also ruled that because three proposed representative plaintiffs were receiving such a pension, they couldn’t lead the action.

On Sept. 29, the Federal Court of Appeal overturned that earlier decision, finding the allegations made by the plaintiffs were legally sufficient and didn’t completely overlap with the Veterans Affairs pension scheme.

The case has now been returned to Federal Court to complete the certification hearing.

The representative plaintiffs, David Combden, Kelly McQuade and Graham Walsh issued a statement calling the victory an important step toward “creating a more supportive environment for the staggering number of members suffering from PTSD and psychological impairments.”