Ontario judge approves $13M settlement for First Nations survivors of convicted ex-priest Ralph Rowe

WARNING: This article contains details of sexual abuse.

The terms of a $13-million class-action settlement involving notorious sex offender Ralph Rowe have been approved by an Ontario Superior Court justice.

A former Anglican priest and scoutmaster, Rowe spent the 1970s and '80s working in remote First Nations across northwestern Ontario and parts of Manitoba, and it's believedhe abused up to 500 children. He's now in his 80s.

The class-action lawsuit was filed by representative plaintiff Alvin McKay of Kitchenuhmaykoosib Inninuwug First Nation in 2017. By that time, Rowe had a total of 75 convictions, but spent fewer than five years in prison.

A settlement was reached in August. The parties include McKay, Rowe and Rowe's former employers, the Anglican Church's Synod of the Diocese of Keewatin and Scouts Canada. This will provide up to $350,000 in compensation for each class member who was sexually assaulted by Rowe between 1975 and 1987 within the geographic boundaries of the Diocese of Keewatin.

There were no objections to the settlement.

"I'm just glad it's over," McKay said during a media scrum after the hearing."The outcome of this has played a huge impact on my life, so I hope everything goes well for everybody else."I think we'll be OK."

McKay was sexually assaulted at least three times by Rowe over a two-year period, beginning when McKay was five, according to a statement of claim from 2017.

Survivors may speak with elders instead of lawyers

Ontario Superior Court Justice Bonnie R. Warkentin indicated she will sign off on the terms of the settlement and benefits available to class members. She said she'll provide written reasons at a later date.

"Today is a historic and momentous event," Warkentin said at the start of Friday's hearing.

She commended Rowe's victims, referred to as survivors, for having the courage to share their stories, and said what happened to them should be taught in schools.

Prior to the class action, 68 individual settlements against Rowe and his employers went through the courts. There hasbeen a high mortality rate among known victims, but their family members will be eligible for settlement claims through estates, said Jonathan Ptak of Koskie Minsky LLP, the Toronto-based firm representing McKay.

There are two ways eligible class members can get compensation:

• A simplified claims process that may pay compensation between $30,000 and $140,000, depending on the severity of abuse and the number of claimants.
• A more intensive claims process for certain claims that may pay compensation of up to $350,000, depending on the severity of abuse and the number of claimants.

Additionally, $1,500 will be provided for counsellingand an honorarium of $15,000 will be given to McKay for his work as the representative plaintiff.

Ptak spoke of the pain that comes from reliving trauma while seeking compensation. He saidthe settlement aims to minimize that trauma as much as possible.

Unique in this class action is the option for applicants to do interviews with elders instead of lawyers and not have to face opposing counsel, he said.

Survivors react to settlement

More than two dozen people sat in the gallery during the hearing largely survivors, their family membersand supporters from Nishnawbe Aski Nation.

"It's been a long journey for all of us here, very stressful," said Terry Ostamus of Kingfisher Lake First Nation. "It's like a nightmare, being a survivor. There's bad days and good days, but we still try and get through."

While he's happy with the settlement, he said money doesn't take away the pain Rowe caused.

"It's not gonna solve our problems, like what happened to us as kids. It's not gonna go away, you know? You still have to live through that every day [for] the rest of our lives," Ostamus said. "But I'm happy that we got something done today."

Nishnawbe Aski Nation runs a Men's Healing Initiative, which has supported survivors throughout the process.

"A dollar amount will not take away the pain, will not bring back those men whose lives were lost either by a criminal offence or violence or imprisonment or suicide. But the dollar amount also represents the acknowledgment of their pain," said Nishnawbe Aski Nation's Deputy Grand Chief Anna Betty Achneepineskum.

Among the class action's main goals was to secure apologies from the Anglican Church of Canada and Scouts Canada. In 2017, the church said it would issue a formal apology making a commitment to confront the "legacy of brokenness" created by Rowe in northern communities but that hasn't happened yet, the court heard on Friday.

"We've had many conversations with the Boy Scouts of Canada they've been a little bit more receptive to meeting with us. We still have a lot of work to do when it comes to the Anglican Church but we do have a plan for that," said Achneepineskum.

Nishnawbe Aski Nation will continue to work with survivors to help them apply for claims and share their stories with the broader public. Achneepineskum said she'd also like to see a healing foundation created and more support for survivors within the region's remote communities.