Morris Martin Moore and Cooper Regal Announce Nunavut Court of Justice ordered that that the Government of Nunavut is liable for the sexual assaults Cloughley committed on young school children.
Cloughley Class Action One Step Closer to Justice
Mount Pearl, NL-- (BUSINESS WIRE)—Lynn Moore of Morris Martin Moore and Alan Regal of Cooper Regal announce the victims of serial child sexual abuser Maurice Cloughley reached an important milestone in Court today. Justice Charlesworth of the Nunavut Court of Justice ordered that the Government of Nunavut is liable for the sexual assaults Cloughley committed on young school children. Lawyers for the Government of Nunavut agreed the Territorial Governments should take responsibility for Cloughley’s actions and that the Court should grant judgment to the Plaintiffs.
The identities of the survivors and the communities where they lived have been banned from publication to protect their privacy. The abuses happened in remote Nunavut communities starting in September of 1974 and continuing until the spring of 1979. There are approximately 45 victims who have come forward to date. Some of these victims testified in Cloughley’s criminal trial which took place in 1996. The criminal trial scratched the surface in terms of the number of victims. Cloughley was sentenced to ten years in prison.
At the Court hearing on Monday, February 22, 2021 lawyers for the victims and the Government indicated to the Judge both sides were hoping to settle the case soon. Lawyer Lynn Moore says: “This ruling is very important because we are in a much better bargaining position now that the Court has agreed with us that the Government is responsible. Our clients have been waiting for justice for years and are finally seeing the light at the end of the tunnel”.
Why is there a notice? This lawsuit has been “certified” as a class action. This means that the lawsuit meets the requirements for a class action and may proceed to trial. If you are included in the class, you may have legal rights and options before the Court decides whether the claims being made against the Territories on your behalf are correct. This notice explains all of these things. A judge of the Nunavut Court of Justice is currently overseeing this case. The case is known as RPC1 and RPC2 v. The Commissioner of Nunavut and The Commissioner of the Northwest Territories (Court File No. 08-16-722-CVC). The people who sued are called the Plaintiffs. The Territories of Nunavut and The Northwest Territories are the Defendants.
What is this lawsuit about? The lawsuit says that the Territories failed to protect children and youth who attended schools in Nunavut and the Northwest Territories and who were taught by Maurice Cloughley April 1, 1969 and July 30, 1981. The Court has not decided whether the Plaintiffs or the Territories are right. The lawyers for the Plaintiffs will have to prove their claims in Court.
Why is this a class action? In a class action, people called the “Representative Plaintiffs” (in this case, RPC1 and RPC2) sued on behalf of other people who have similar claims. All of these people are a “Class” or “Class Members”. The Court resolves the issues for all Class Members in one case, except for people who remove themselves from the Class.
Who is a member of the Class? The Class includes: All former people who were:
What are the Plaintiffs asking for? The Plaintiffs are asking for money or other benefits for the Class. They are also asking for lawyers' fees and costs.
Is there any money available now? No money or benefits are available now because the Court has not yet decided whether the Territories did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits will ever be obtained. If they are, you will be notified about how to ask for your share.
You must decide whether to stay in the Class or whether to remove yourself, and you have to decide this by November 2, 2020. If you do nothing, you will automatically remain in the lawsuit. You will be bound by all Court orders in this case, good or bad, and the Representative Plaintiffs will have authority to resolve your claim. If money or benefits are obtained, you will be notified about how to ask for a share.
Residents who do not want to be a part of the class must opt out by sending a written notice on or before November 2, 2020 to the Class Administrator. Otherwise, you will be bound by the Court’s judgment whether favourable or not.
If you are having difficulty completing the Opt-In form, you can call 1-866-329-7153 for assistance.
By opting out, will my name be made public? No.
Do I have a lawyer in the case? Yes. The Court has appointed the law firms of Cooper Regel and Morris Martin Moore to represent you and other Class members as “Class Counsel”.
How will the lawyers be paid? Class Counsel will only be paid if they win a trial or if there is a settlement. The Court has to also approve their request to be paid. The fees and expenses could be deducted from any money obtained for the Class, or paid separately by the Defendant.
How and when will the Court decide who is right? If the lawsuit is not dismissed or settled, the Plaintiffs will have to prove their claims at a trial that will take place in the Territory of Nunavut. During the trial, a Court will hear all of the evidence, so that a decision can be reached about whether the Plaintiffs or the Territories are right about the claims in the lawsuit. There is no guarantee that the Plaintiffs will win any money or benefits for the Class. All Class Members will be bound by the result whether positive or not.
Will I get money after the trial? If the Plaintiffs obtain money or benefits as a result of a trial or settlement, you will be notified about how to ask for a share or what your other options are at that time. These things are not known right now. Important information about the case will be posted on the website.
How do I get more information? You can get more information in the following pages of this website.