Report of the Cornwall Public Inquiry 11 Organization of the Phase 2 Report 11 References Used in the Phase 2 Report 12
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Table of Contents 1 Introduction: A Unique Mandate . 1 Our Challenge 1 Our Principles 2 Our Processes 4 What We Did in Phase 2 4 Phase 2 Standing and Funding 5 Phase 2 Advisory Panel 7 Those Working in Phase 2 at this Inquiry 10 Phase 2 Website Information 11 What Is Covered in the Phase 2 Report of the Cornwall Public Inquiry 11 Organization of the Phase 2 Report 11 References Used in the Phase 2 Report 12 2 Prospects for Healing and Reconciliation . 15 What Is Community Healing and Reconciliation? 15 What Has Been Done to Foster an Environment of Healing and Reconciliation? 18 The Mandate of This Inquiry 18 Working Toward Community Healing and Reconciliation 19 What Is Needed to Foster an Environment of Healing and Reconciliation? 22 Recommendations 27 3 A Five-Year Plan for Sustainable Change . 31 The Sum of the Parts Is Greater Than the Whole When Effecting Change 31 Adult Community Healing Resource Centre 32 Family and Child Advocacy Centre in Cornwall 36 v vi REPORT OF THE CORNWALL INQUIRY — VOLUME 2 Centre of Excellence: St. Lawrence College, Cornwall Campus 42 Catalyst for Change and Building Foundations for the Future 45 Integration With Initiatives to Support Community Healing and Reconciliation 47 Recommendations 48 4 Public Awareness, Education, and Professional Training Across Ontario . 51 Prevention Is Founded on Education 51 Changing Attitudes, Supporting Social Change 55 Recommendations 62 Reaching Children and Young People 62 Recommendations 68 Professional Training 69 Recommendations 73 5 Policy and Legislative Change . 75 Introduction 75 Apologies 76 What We Learned About Apologies 76 Public Policy Considerations 80 Recommendations 83 Ombudsman or Other Intervener for Those Who Have Been Victims of Sexual Abuse 83 What We Learned About a Possible Ombudsman for Survivors of Sexual Violence 83 Public Policy Considerations 86 Recommendations 91 Confidentiality Provisions in Civil Settlements 91 What We Learned About Confidentiality Provision 91 Public Policy Considerations 94 Recommendations 96 Sentencing 97 What We Learned About Trends in Sentencing 97 Public Policy Considerations 100 Recommendations 106 TABLE OF CONTENTS vii 6 Programs and Services in Ontario . 107 Healing Cannot Happen Without Help 107 Comprehensive Support and Services for Men 108 Views on Services for Men 108 What Needs to Be Studied 114 What Needs to Happen Pending Study 118 Recommendations 119 Comprehensive Support and Services for Adult Survivors of Historical Abuse 119 Long-Term Counselling Support 120 Peer Support 121 Addressing Barriers of Transportation 122 Recommendations 123 Treatment for Those Who Offend Sexually as Adults 124 Recommendations 130 7 Counselling Support . 133 Introduction 133 Establishment of Counselling Support at the Cornwall Public Inquiry 134 Implementation of Counselling Support 139 Communications About Counselling Support 145 Feedback on Counselling Support 146 Future Needs for Existing Counselling Support Clients 151 What Is the Capacity to Meet Future Needs? 153 Options for Existing Counselling Support Clients 155 Administrative and Cost Considerations in Transition for Counselling 158 Recommendations 159 Additional Transitional Supports in Cornwall 160 Counselling Support Is Not the Whole Solution 160 Additional Transitional Support 161 Recommendations 163 Counselling Support Capacity at Future Public Inquiries 163 Considerations for Future Public Inquiries 163 Recommendations 165 viii REPORT OF THE CORNWALL INQUIRY — VOLUME 2 Schedule 1: Key Communications Material on Counselling Support 166 8 Witness Support . 177 Witness Support at the Cornwall Public Inquiry 177 Considerations for the Future 180 Recommendations 180 Schedule 1: Commonly Asked Questions and Answers About Witness Support at the Cornwall Public Inquiry 181 9 Fulfilling a Unique Mandate . 185 Guided by Principles 185 Summary of Phase 2 Recommendations 186 Appendix A: Summary of Research Commissioned by the Cornwall PublicInquiry ....................................................199 Phase 1 Research 199 Phase 2 Party Research 200 Phase 2 Research Projects 201 Action Research Projects 202 Appendix B: Cornwall Public Inquiry Events . 205 Research Workshops 205 Policy Roundtables 206 Professional Education 207 Community Meetings 209 CHAPTER 1 Introduction: A Unique Mandate Our Challenge Public inquiries are created to respond to both public concern and interest regard- ing a particular series of incidents or circumstances. They are established in order to better understand contentious matters that have occurred in the past and to identify the public policy tools that could ensure problems of the past are addressed. Inquiries are particularly suited to matters that demand both thorough review and thoughtful policy consideration. Like many other public inquiries, the Cornwall Public Inquiry was to make findings on the past and recommendations for the future. For the Cornwall Public Inquiry, this included reporting on the response of the justice system and other public institutions in relation to allegations of his- torical abuse1 in the Cornwall area. It also included the future-oriented mandate of making recommendations directed “to the further improvement of the response in similar circumstances.” In my view, the identification of future-oriented recommendations does require analysis of public policy considerations. Much of this policy work was the responsibility of those working in Phase 2.2 Phase 2 activities, such as expert workshops and the development of research, advanced the debate needed to test possible program, legislative, or operational approaches for the future. The resultant Phase 2 recommendations may be germane to Cornwall but have more far-reaching effects. In addition to the mandate found in many other public inquiries, however, the Order-in-Council3 establishing the Cornwall Public Inquiry created, in section 3, 1. This mandate is discussed in detail in my Phase 1 report. 2. The work of Part 2 or Part II, as it is called in the Rules of Practice and Procedure of the Cornwall Public Inquiry, became known as “Phase 2.” For consistency, “Phase 2” has been used throughout my report and any references to Part 2 or Part II should be considered as references to “Phase 2.” 3. Order-in-Council 558/2005, April 14, 2005. This Order-in-Council was posted on the website of the Cornwall Public Inquiry. 1 2 REPORT OF THE CORNWALL INQUIRY — VOLUME 2 a unique mandate for a public inquiry in Ontario. It directed me to “inquire into and report on processes, services or programs that would encourage community healing and reconciliation in Cornwall.” While there has been a focus on events in Cornwall and area, no one believes that the sexual abuse of children and young people does not occur elsewhere.4 Many adults living outside Cornwall were also abused as children or young people. Some have addressed their abuse; many have not. It is clear that per- sonal healing is an aspiration that transcends the Cornwall community. It is also clear that many other communities have carried the consequences and costs of the sexual exploitation and abuse of children and young people.5 Abuse touches all of society and the institutions through which society operates and expresses its collective values and will to act on behalf of its vulnerable members. The unique mandate of healing and reconciliation has both an explicit focus on Cornwall and the surrounding counties—on what is needed for healing and reconciliation in this area—and an implicit application to other communities and similar circumstances. Because the need for healing extends beyond Cornwall, solutions for the future in Cornwall may be considered elsewhere. As a result, my Phase 2 Report encompasses both local and province-wide approaches for healing and reconciliation. To the extent that the experiences of Cornwall and the commitment to healing and reconciliation in one community can aid, comfort, and inspire others, this will be in itself healing for the community of Cornwall. To address a difficult past, to find and commit to constructive change, and to lead by example is a powerful legacy. I commend this legacy to the people of Cornwall and of Stormont, Dundas and Glengarry, and to the Government of Ontario. Our Principles In addressing a unique mandate, it was also evident to me that a variety of approaches needed to be engaged to involve as many people as possible in Phase 2. There had to be sensitivity to different needs. For example, survivors of abuse may be at different stages of recovery, with some ready to meet openly with institutions or to provide support to other survivors, while other survivors 4. For a full discussion of the prevalence of abuse, see the summary of expert testimony in Volume 1 of this Report. 5. Audra Bowlus, Katherine McKenna, Tanis Day, and David Wright, The Economic Costs and Consequences of Child Abuse in Canada, Report to the Law Commission of Canada, March 2003. This report looks at the cost to Canadian society of child abuse for one sample year—1998— estimating that it exceeded $15 billion. INTRODUCTION: A UNIQUE MANDATE 3 need privacy or to build a greater sense of personal safety before meeting with others. That reality would dictate the use of a multiplicity of Phase 2 actions, including outreach to survivors and to members of the Cornwall community. In pursuing various avenues of engagement, from professional seminars to neighbourhood meetings, we operated under certain principles and evolved others over time. These principles continue as the backbone to the analysis and policy-development processes in this Report and for my recommendations related to Phase 2. The following are the key principles. Survivor Engagement It is essential to include those affected by childhood sexual abuse “at the table” in developing approaches for the future. Their voices must be heard, as a matter of fundamental decency and dignity, but also for the practical reason that solutions, no matter how well intended, may not work if not tested by the experience of those who have been abused. Inclusion of those who have experienced abuse in the process of developing changes for the future is therapeutic for them.