'I could have been something special'

Steve
Steve Bartlett
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Former Mount Cashel resident wants settlement, apology

A man who lived in Mount Cashel during the 1950s wants a decision on the suit he filed against the province in 2003 and he wants an apology from the government included in any settlement.

Wayne Hayes says his statement of claim argues the province put him in harm's way by placing him in an orphanage where he was physically and sexually abused by Christian Brothers.

Wayne Hayes

A man who lived in Mount Cashel during the 1950s wants a decision on the suit he filed against the province in 2003 and he wants an apology from the government included in any settlement.

Wayne Hayes says his statement of claim argues the province put him in harm's way by placing him in an orphanage where he was physically and sexually abused by Christian Brothers.

He says he lived at Mount Cashel for about eight years, from around 1949-50 to 1957-58.

The 64-year-old is set on having the matter settled by Christmas, so he and other orphanage residents with similar claims can have closure.

He says the cases have dragged on enough.

"I'm sick, and I have a lot of residents that are very sick, and sicker than I am. ... It has affected all of our lives for 60 years and I want to get it over with, because I don't know what I could have been. I know what I became. I just don't know what I could have been, and I could have been something special. And I'm disappointed in myself. This may be my last crack at leaving a footprint, adding to the wood pile of life instead of continuously taking from it."

Now living in Kitchener, Ont., Hayes says he has become a bum because of the abuse he suffered.

He adds he has had a number of health problems and has battled addictions. He wants a judgment on his claim. And he stressed any settlement would have to include an apology from Premier Danny Williams on behalf of the province.

Hayes' original claim was filed by David Day.

The St. John's lawyer was representing other men who were in Mount Cashel around the same time and their cases have gone through the system together.

Hayes says he dismissed Day as his lawyer in 2004.

Earlier this year, feeling his case hadn't moved forward since Day 1, he applied to the Supreme Court for a summary judgment.

Justice Michael Harrington heard the application Tuesday morning.

Representing himself in the St. John's courtroom, Hayes' argument was based on the fact the province never filed a defence to his original claim.

Because so much time had lapsed, he felt a judgment should be made.

But Harrington explained it wasn't that simple.

The judge said a court-ordered process called case management was underway to speed the group of similar Mount Cashel cases along.

He said it was assumed Hayes was being represented in that procedure by Day, who is still representing the other men.

Notice not filed with court

Although he informed government lawyer Rolf Pritchard of his change in counsel, Hayes failed to file the appropriate notice with the court.

According to Harrington, that's why it was assumed Day was acting on Hayes' behalf.

The court heard that through the case management, Day was supposed to file amended statements of claim and then the province would file its defence.

It was noted how Day had yet to file the amendments and that the government had submitted its defence because of Hayes' application for summary judgment.

Noting a desire to move the cases along, and empathizing with Hayes' concerns, Harrington called for a case management meeting that included Hayes to be held next week.

Hayes, who returns to Ontario today, doesn't own a phone, so arrangements need to be made for him to call from a courthouse in the Kitchener area.

Hayes, who at one point read names of deceased men who lived at Mount Cashel before 1962, told The Telegram he was satisfied with that outcome.

"I made my point," he said.

Hayes says he hopes case management moves the matter to a trial.

But whether it does or doesn't, he says he intends on filing an application for a liability hearing.

Hayes believes such a move would further expedite the case and bring it to a conclusion.

A spokesman for Williams said the premier did not have a comment on Hayes' quest for an apology from the province.

sbartlett@thetelegram.com

Organizations: Christian Brothers, Supreme Court, The Telegram

Geographic location: Mount Cashel, Kitchener, St. John's Ontario

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Recent comments

  • Brian
    July 02, 2010 - 13:33

    After reading Frank's comments and advice to Mr. Hayes is 'Wow! Good luck to both of you gentlemen.

  • John W.
    July 02, 2010 - 13:30

    Phil from nl. I've looked at your comments and I totally disagree with you.

    In just a few lines of words you try and do justice to this man's plight, in a way that shows that you are indeed incapable of understanding the issues. Anyone with an ounce of sense would not, could not make such inaccurate statements. Obviously you know nothing of the destruction of self-esteem, the imbedment of fear, etc which totally destroys a persons ability to exist.

    Pity is about all I can offer you for your ignorance and failure to accept reality.

  • Frank
    July 02, 2010 - 13:29

    And you think that money is going to fix your problem, do you Mr. Hayes? I'm a victim of sexual abuse as well and received money as compensation from another big case. Guess what? Money did nothing to help heal me, it just made the lawyers involved in my case richer.

    I was excited along with my lawyers when I got the money. I bought a nice car, a big screen television and had lots of nice advice, but at 3 in the morning that money did nothing for me. It was only after I accepted the fact that life had to go on and that the other priests had nothing to do with what happened did my nightmares stop.

    Money, lawyers, so called experts in abuse, and apologies won't help you Mr. Hayes because at 3 AM you will still have to deal with it alone and until you realize that, your demons will never leave you.

    For what it worth thats just my advice; do with it what you may. Good luck.

  • Christine
    July 02, 2010 - 13:27

    Well this story certainly takes the heat of, albeit temporarily, Eastern Health and its critical situation!

  • Ruth
    July 02, 2010 - 13:22

    As I read the story and look at the picture of Mr Hayes I can see the pain in his eyes. Mr Hayes please know that you are special--very special-- You have come this far and you are still standing and fighting for yourself and others. Not many do that these days!

  • Flo
    July 02, 2010 - 13:22

    Don't give up Sir, please. There are so many out there who feel your pain. Don't listen to non professional advice on what is good for you and what isn't. I hope you have access to professional help and although they don't have all the answers it's the best we have.
    Right now, just by standing up and demanding your rights for compensation, you are helping others. You are giving them hope. Also, you are reminding others, especially the church, what you have been through. I, personally, thank God that I don't have to go to a church to connect with the Holy Spirit and I will pray for you every night. I will remember your face and I will remember your name.
    Please remember, Sir, you are important to us. We need you as much as we need those who were affected by the Holocaust, to keep on reminding us so that the abuse stops and never happens again. Wherever and whenever children are gathered under the care of adults a red flag should be waving. Please Sir, be that red flag for the sake of the children.

  • Grandma
    July 02, 2010 - 13:21

    Frank offers good advice, you must come to terms with the evil that befell you Mr.Hayes. You have a great strength, you are a survivor! You deserve compensation but it will not heal you. Forgotten in this fight for justice for the victims of such abuse are those who didn't survive. No amount of money or apology can mend the heartache for a child who is no longer here. They too could have been special. As a relative of one who had tremendous potential, I know and mourn. Apologies from these vile purpertrators mean nothing, they have no conscience. How could they when they use God Himself to commit their heinous acts?

  • Sympathetic
    July 02, 2010 - 13:16

    There is a special place in hell for those who hurt little children.

  • Phil
    July 02, 2010 - 13:14

    What's Flo from Ontario on?

  • Wayne
    July 02, 2010 - 13:13

    It is relatively well known that David C. Day, Q.C. is one of the lawyers the government hired to handle the 1989-90 Hughes inquiry into the Cover-up of Mount Cashel for them.
    And that in the mid-1990s the current premier, Daniel E. Williams, Q.C., was one of the lawyers who were representing numerous former residents of Mount Cashel in their civil claims.

    And as time went by it eventually came to pass that on the last Saturday of November 1996, just a few days before he was supposed to bring one of those civil claims into court, and had another 10 or so lined up for court dates as well, the Telegram ran an article headed 'Witness' no-show leaves Williams fuming'.

    In this article the Telegram quoted Williams as having said the previous day that the government had just now told him that two of the key witnesses he'd subpoenaed for the up-coming civil trial (former police chief John Lawlor and former director of child welfare Frank Simms) were now 'too sick' to testify.

    The article went on to quote Williams as saying 'This is the Hughes farce all over again'. And that the government thinks these cases are going to stop on the Courthouse steps' but that's not going to happen.

    Williams' apparently good friend Brian Tobin was premier at the time. And over the weekend Williams (and his law partner Jack Harris) got together with the Tobin people.

    The following Monday (Dec. 2, 1996) then justice minister Chris Decker announced through a couple of press releases and a statement in the House of Assembly that a settlement had been reached in the particular case that had been scheduled for court the next day. And also that they had reached a tentative agreement on a global settlement offer for the rest of the claims (the so-called '1996 Mount Cashel settlement') that Williams would be advising all of his clients to accept it.

    He did offer that advice. And they did accept it from him. And none of the 40 or so Mount Cashel civil claims that the Williams and Harris team were handling at the time ever made it in to court. They were effectively stopped 'on the Courthouse steps.'

    Now, at this stage of the game I don't know how much, if any, good would come from a Daniel E. Williams, Q.C. issued apology on behalf of the Government of this province to the countless emotionally and psychologically traumatized victims and survivors of the widespread and rampant physical and sexual abuse of young boys at Mount Cashel that the people running the Government of this province down through the years turned a callous blind eye to for decades and decades on end.

    Personally, I think it would sound rather hollow. But I suppose he could try it anyway.

    What I would really like to see Williams do - that I also think would actually do some good at least, and not just for the Mount Cashel victims and survivors, either, but for the public at large as well - is to establish a full public inquiry into the 'rigging' of both the 1989-90 public inquiry that he so accurately characterized as a 'farce' in 1996, and the 'criminal obstruction of justice conspiracy' aspect of the RNC's official 1989-90 re-investigation of its 1975-76 Mount Cashel Investigations.

    I'm not holding my breath on that one, now, mind ye. But I would like to see it happen just the same.

    In any event, one of these days or years, whatever the case might be, I just might put out my own little book on the Mount Cashel Cover-up Conspiracy ... one that the mighty Terra Nova Council of the Knights of Columbus organization - which, it should be noted, is now rapidly closing in on the launch of their very own Centennial Celebrations, marking that glorious day in the fall of 1909 that then Archbishop of St. John's Michael Howley finally caved in to the persistent demands of the TNCs founding members, and allowed them to set up shop here in this fabulous and storied old city by the sea - would be ever so proud to afford a prominent place to on one of the no doubt many well worn bookshelves in their ever so private club rooms.

    Wayne Pittman
    a.k.a. Resident 54 to the Hughes Commission and other interested parties

  • Ted
    July 02, 2010 - 13:13

    For those of you arguing that money won't make the victim's problems go away, you're right. However, compensation is not just a matter of easing the victim's pain or circumstance, it is an also used as punitive tool against the perpetrator(s). For what it is worth, such penalties will hopefully serve a deterrent to others.

  • steven
    July 02, 2010 - 13:09

    Not all bums and homeless people are abused. Mr Hayes has put himself in this situation. Abuse or no abuse, he made his choices. My mother was physically abused for many many years, and got herself out of that situation, along with all of her children. And went on to a better and more safer life. Dont use the excuse of the abuse, you are what you choose to become. Is this just another way to get rich quick? So sick of all the cases of every tom, rick and harry who feels that Government owes them something.

  • Phil
    July 02, 2010 - 13:09

    With all due respect to Mr. Hayes and his plight, a lot of people have come out of orphanges as bums as he called it and others have been successful in life.

    Neither had anything to do with being abused. Maybe, just maybe, the fact that Mr. Hayes is a bum as he called himself has more to do laziness or any number of other reasons than abuse.

    But society as a whole cannot understand why people live on the streets or become a bum. It had to be for some good reason so the sexual abuse they recvieved as a child is that reason.

  • Brian
    July 01, 2010 - 20:22

    After reading Frank's comments and advice to Mr. Hayes is 'Wow! Good luck to both of you gentlemen.

  • John W.
    July 01, 2010 - 20:18

    Phil from nl. I've looked at your comments and I totally disagree with you.

    In just a few lines of words you try and do justice to this man's plight, in a way that shows that you are indeed incapable of understanding the issues. Anyone with an ounce of sense would not, could not make such inaccurate statements. Obviously you know nothing of the destruction of self-esteem, the imbedment of fear, etc which totally destroys a persons ability to exist.

    Pity is about all I can offer you for your ignorance and failure to accept reality.

  • Frank
    July 01, 2010 - 20:16

    And you think that money is going to fix your problem, do you Mr. Hayes? I'm a victim of sexual abuse as well and received money as compensation from another big case. Guess what? Money did nothing to help heal me, it just made the lawyers involved in my case richer.

    I was excited along with my lawyers when I got the money. I bought a nice car, a big screen television and had lots of nice advice, but at 3 in the morning that money did nothing for me. It was only after I accepted the fact that life had to go on and that the other priests had nothing to do with what happened did my nightmares stop.

    Money, lawyers, so called experts in abuse, and apologies won't help you Mr. Hayes because at 3 AM you will still have to deal with it alone and until you realize that, your demons will never leave you.

    For what it worth thats just my advice; do with it what you may. Good luck.

  • Christine
    July 01, 2010 - 20:14

    Well this story certainly takes the heat of, albeit temporarily, Eastern Health and its critical situation!

  • Ruth
    July 01, 2010 - 20:06

    As I read the story and look at the picture of Mr Hayes I can see the pain in his eyes. Mr Hayes please know that you are special--very special-- You have come this far and you are still standing and fighting for yourself and others. Not many do that these days!

  • Flo
    July 01, 2010 - 20:06

    Don't give up Sir, please. There are so many out there who feel your pain. Don't listen to non professional advice on what is good for you and what isn't. I hope you have access to professional help and although they don't have all the answers it's the best we have.
    Right now, just by standing up and demanding your rights for compensation, you are helping others. You are giving them hope. Also, you are reminding others, especially the church, what you have been through. I, personally, thank God that I don't have to go to a church to connect with the Holy Spirit and I will pray for you every night. I will remember your face and I will remember your name.
    Please remember, Sir, you are important to us. We need you as much as we need those who were affected by the Holocaust, to keep on reminding us so that the abuse stops and never happens again. Wherever and whenever children are gathered under the care of adults a red flag should be waving. Please Sir, be that red flag for the sake of the children.

  • Grandma
    July 01, 2010 - 20:05

    Frank offers good advice, you must come to terms with the evil that befell you Mr.Hayes. You have a great strength, you are a survivor! You deserve compensation but it will not heal you. Forgotten in this fight for justice for the victims of such abuse are those who didn't survive. No amount of money or apology can mend the heartache for a child who is no longer here. They too could have been special. As a relative of one who had tremendous potential, I know and mourn. Apologies from these vile purpertrators mean nothing, they have no conscience. How could they when they use God Himself to commit their heinous acts?

  • Sympathetic
    July 01, 2010 - 19:57

    There is a special place in hell for those who hurt little children.

  • Phil
    July 01, 2010 - 19:53

    What's Flo from Ontario on?

  • Wayne
    July 01, 2010 - 19:52

    It is relatively well known that David C. Day, Q.C. is one of the lawyers the government hired to handle the 1989-90 Hughes inquiry into the Cover-up of Mount Cashel for them.
    And that in the mid-1990s the current premier, Daniel E. Williams, Q.C., was one of the lawyers who were representing numerous former residents of Mount Cashel in their civil claims.

    And as time went by it eventually came to pass that on the last Saturday of November 1996, just a few days before he was supposed to bring one of those civil claims into court, and had another 10 or so lined up for court dates as well, the Telegram ran an article headed 'Witness' no-show leaves Williams fuming'.

    In this article the Telegram quoted Williams as having said the previous day that the government had just now told him that two of the key witnesses he'd subpoenaed for the up-coming civil trial (former police chief John Lawlor and former director of child welfare Frank Simms) were now 'too sick' to testify.

    The article went on to quote Williams as saying 'This is the Hughes farce all over again'. And that the government thinks these cases are going to stop on the Courthouse steps' but that's not going to happen.

    Williams' apparently good friend Brian Tobin was premier at the time. And over the weekend Williams (and his law partner Jack Harris) got together with the Tobin people.

    The following Monday (Dec. 2, 1996) then justice minister Chris Decker announced through a couple of press releases and a statement in the House of Assembly that a settlement had been reached in the particular case that had been scheduled for court the next day. And also that they had reached a tentative agreement on a global settlement offer for the rest of the claims (the so-called '1996 Mount Cashel settlement') that Williams would be advising all of his clients to accept it.

    He did offer that advice. And they did accept it from him. And none of the 40 or so Mount Cashel civil claims that the Williams and Harris team were handling at the time ever made it in to court. They were effectively stopped 'on the Courthouse steps.'

    Now, at this stage of the game I don't know how much, if any, good would come from a Daniel E. Williams, Q.C. issued apology on behalf of the Government of this province to the countless emotionally and psychologically traumatized victims and survivors of the widespread and rampant physical and sexual abuse of young boys at Mount Cashel that the people running the Government of this province down through the years turned a callous blind eye to for decades and decades on end.

    Personally, I think it would sound rather hollow. But I suppose he could try it anyway.

    What I would really like to see Williams do - that I also think would actually do some good at least, and not just for the Mount Cashel victims and survivors, either, but for the public at large as well - is to establish a full public inquiry into the 'rigging' of both the 1989-90 public inquiry that he so accurately characterized as a 'farce' in 1996, and the 'criminal obstruction of justice conspiracy' aspect of the RNC's official 1989-90 re-investigation of its 1975-76 Mount Cashel Investigations.

    I'm not holding my breath on that one, now, mind ye. But I would like to see it happen just the same.

    In any event, one of these days or years, whatever the case might be, I just might put out my own little book on the Mount Cashel Cover-up Conspiracy ... one that the mighty Terra Nova Council of the Knights of Columbus organization - which, it should be noted, is now rapidly closing in on the launch of their very own Centennial Celebrations, marking that glorious day in the fall of 1909 that then Archbishop of St. John's Michael Howley finally caved in to the persistent demands of the TNCs founding members, and allowed them to set up shop here in this fabulous and storied old city by the sea - would be ever so proud to afford a prominent place to on one of the no doubt many well worn bookshelves in their ever so private club rooms.

    Wayne Pittman
    a.k.a. Resident 54 to the Hughes Commission and other interested parties

  • Ted
    July 01, 2010 - 19:50

    For those of you arguing that money won't make the victim's problems go away, you're right. However, compensation is not just a matter of easing the victim's pain or circumstance, it is an also used as punitive tool against the perpetrator(s). For what it is worth, such penalties will hopefully serve a deterrent to others.

  • steven
    July 01, 2010 - 19:45

    Not all bums and homeless people are abused. Mr Hayes has put himself in this situation. Abuse or no abuse, he made his choices. My mother was physically abused for many many years, and got herself out of that situation, along with all of her children. And went on to a better and more safer life. Dont use the excuse of the abuse, you are what you choose to become. Is this just another way to get rich quick? So sick of all the cases of every tom, rick and harry who feels that Government owes them something.

  • Phil
    July 01, 2010 - 19:44

    With all due respect to Mr. Hayes and his plight, a lot of people have come out of orphanges as bums as he called it and others have been successful in life.

    Neither had anything to do with being abused. Maybe, just maybe, the fact that Mr. Hayes is a bum as he called himself has more to do laziness or any number of other reasons than abuse.

    But society as a whole cannot understand why people live on the streets or become a bum. It had to be for some good reason so the sexual abuse they recvieved as a child is that reason.