The Alberta government and the Anglican Synod of the Diocese of Edmonton have acknowledged vicarious liability for an Anglican priest’s sexual misconduct against juveniles at a city jail in the 1980s. The agreement, endorsed by both the diocese and province, was formalized in a consent order during a brief session on Tuesday morning at the Edmonton Court of King’s Bench. Both parties have assumed vicarious liability for any assaults that Anglican priest Rev. Gordon William Dominey may have committed against teenage inmates at an Edmonton youth detention center.
Over a dozen individuals have come forward alleging that Dominey sexually assaulted them while they were detained at the Edmonton Youth Development Centre between 1985 and 1990. Avnish Nanda, the legal representative for the complainants, expressed satisfaction with the government and the church acknowledging liability after a decade of litigation. He highlighted the prolonged legal process, noting that some class members had passed away during this time, adding complexity to their families’ pursuit of compensation.
Nanda emphasized that his clients were minors when the alleged assaults took place and were under the care of a government institution where Dominey had been serving as a priest. He criticized the delayed acknowledgment of liability by the government and the church, stating that it jeopardized many individuals’ claims. Dominey, who faced 33 charges related to allegations involving young individuals, passed away on November 7, 2019, at the age of 67 before the commencement of his criminal trial in January 2020.
The allegations must be substantiated in the civil process before individual class members can receive compensation, according to Nanda. Each class member will need to establish the circumstances of their claim through an assessment process. While discussions regarding a potential settlement are ongoing, specific details remain undisclosed.
The legal proceedings have spanned approximately a decade since Dominey’s arrest in February 2016. In 2022, the alleged victims sought class-action certification, contending that the defendants were accountable for failing to safeguard the youths from Dominey. Initially, a judge dismissed the application, suggesting that the men pursue damages through separate lawsuits. However, the case progressed towards a common issues trial focusing on the defendants’ responsibility for Dominey’s alleged actions.
A consent order issued by Justice John Henderson has nullified the trial due to the defendants’ agreement on vicarious liability. The CBC News sought comments from both the diocese and the province, with the former declining to comment as the case is sub judice.
The individuals behind the lawsuit are subject to a publication ban, with one of them expressing a mix of relief and anger following Tuesday’s developments. He highlighted the delayed acceptance of responsibility by the government and the church, particularly in light of the deceased plaintiffs. He emphasized the significance of an apology from the government or the church, not only for him but for other victims of similar abuse. He encouraged survivors to seek help and emphasized the importance of breaking the silence surrounding abuse experiences.
