Institutional Response To Disclosure Of Sexual Abuse

There have been several cases where courts have considered whether an institutional response to receiving allegations of sexual assault has been appropriate. In some instances the courts have found the institutional response to be inadequate and negligent. When looking at the cases and possible trends it is important to note the date the allegations came to the attention of the institution. As with all inquiries into negligence, institutions are judged according to the standards of the day.

In F.S.M. v. Clarke, [1999] B.C.J. No. 1973 (B.C.S.C.) a male plaintiff sued the dormitory supervisor of the Indian Residential School (Clarke), the Anglican Church, and the Crown. The plaintiff was approximately nine (9) years of age when the abuse commenced in the late 1960s. The court found both the Crown and Church negligent in failing to properly supervise Clarke and detect signs of abuse. The court also found the Church negligent for doing nothing after the plaintiff's 1973