The Role of Non-Disclosure Agreements in Scouts Canada Abuse Cases

If you became a sexual abuse victim while participating in Scouts Canada, or if your child is a survivor of sexual abuse linked to Scouts Canada, promptly schedule a consultation to discuss your case with a Halifax sexual abuse lawyer.

Scouts Canada promotes itself as the country’s leading youth organization, offering programs and activities for youths ages five to twenty-six. However, with more than 40,000 Canadian youngsters currently participating in Scouts Canada, there are ample opportunities for sexual abuse.

In 2011, the Canadian Broadcasting Corporation (CBC) reported that hundreds of sexual abuse allegations had been made against active Scouts Canada leaders. The CBC also reported that Scouts Canada had asked some of the survivors to sign non-disclosure agreements (NDAs).

What Did These Non-Disclosure Agreements Require?

These non-disclosure agreements prevented sexual abuse survivors from disclosing the compensation amounts they received from Scouts Canada or even the fact that the parties had settled out of court.

One NDA prevented an abuse survivor from making any public statement about the abuse. What effect have NDAs had on the survivors of sexual abuse linked to Scouts Canada?

1. “Muzzling” survivors: Some survivors who signed NDAs have spoken about feeling muzzled or re-victimized by the agreement, indicating that enforced silence prolonged their trauma and made it hard to heal or warn others.

2. Protecting Scouts Canada: Some observers and abuse survivors claim the NDAs functioned mainly to protect the reputation of Scouts Canada and minimize media attention on the organization.

3. Hiding systemic issues: By keeping the details of settlements confidential, the NDAs in effect obscured the full extent of the Scouts Canada sexual abuse problem and delayed needed systemic reforms.

Has Scouts Canada Changed?

Scouts Canada has established a dedicated, centralized system to manage sexual abuse allegations. This system requires:

1. Immediate reporting: An adult volunteer with Scouts Canada who suspects or is informed about abuse must immediately report it to the provincial child protection services or the police, as well as the Scouts Canada Safe Scouting Department.

2. Immediate action: It is the policy of Scouts Canada to suspend immediately anyone who is the subject of a sexual abuse allegation while an investigation is pending and to terminate any volunteer who faces a child abuse charge.

3. Support for victims: If a youth discloses abuse to an adult volunteer, the adult is to listen, believe, and reassure but make no promise to keep the disclosure confidential. The adult must report the claim and explain the Scouts Canada reporting requirement to the youth.

These policies indicate Scouts Canada has made a shift toward transparency and accountability, emphasizing that the welfare of young people, and not the organization’s reputation, must be Scouts Canada’s foremost priority.

Should You File a Sexual Abuse Claim?

The police and the Crown Prosecutor’s office handle criminal charges for sexual abuse. If many years have passed since the abuse, it may be impossible to win a criminal conviction, especially if the Scout Leader is deceased. A civil claim requires a lower standard of proof and may provide an abuse survivor with compensation for medical and counseling costs and psychological damages. Civil claims against Scouts Canada can be filed even if the Scout Leader is deceased.

A Nova Scotia sexual abuse lawyer helps abuse survivors recover compensation. If you suffered abuse while participating in Scouts Canada, or if your child has been abused as a scout, your lawyer will seek to hold Scouts Canada financially accountable for the harm suffered.

Recent legislative changes have essentially eliminated the statute of limitations for civil claims related to historical childhood sexual abuse, so it is not too late to take action, regardless of when the abuse occurred.

What Steps Will Your Lawyer Take?

If you bring a sexual abuse lawsuit, your sexual abuse lawyer will take these steps on your behalf:

1. Gather evidence: The primary evidence in historical abuse cases is often the survivor’s own account. Your lawyer will also seek to obtain Scouts Canada records, medical or counseling records related to your abuse, and testimony from witnesses, if available.

2. Establish liability: Your lawsuit will name the Scout leader or volunteer, as well as Scouts Canada, as defendants. Your lawyer will argue that Scouts Canada was negligent in hiring, supervision, or its handling of past complaints, which contributed to the harm.

3. File the claim and handle the legal paperwork: Your lawyer will file your lawsuit in the appropriate provincial civil court and handle the other necessary legal paperwork.

4. Strive to negotiate a settlement: Lawyers settle most sexual abuse claims out of court through private negotiations. Your lawyer will deal with Scouts Canada’s lawyers and/or insurers to secure the maximum possible compensation amount.

5. If necessary, go to trial: If a reasonable settlement isn’t possible, your lawyer will take your case to trial. In a civil abuse case, unlike a criminal case, your lawyer only has to prove it is “more likely than not” that abuse occurred and harmed you.

What Else Should You Know?

If you are a sexual abuse survivor, take your case to an abuse lawyer as soon as you can. You and your lawyer need to compile evidence and locate witnesses before any more time passes.

No Recovery-No Fee! A Halifax sexual abuse lawyer works on a contingency fee basis, so the survivor does not pay any lawyer fees unless or until the survivor receives compensation. The lawyer receives a percentage of the final award or settlement. Your initial legal consultation is offered without cost or obligation.

If McKiggan Hebert Lawyers handles your sexual abuse lawsuit, we will ensure that any settlement gives you the freedom to discuss your abuse and victimization. We will not recommend any agreement that silences a sexual abuse survivor.

We Are Experienced Sexual Abuse Lawyers

At McKiggan Hebert Lawyers, we advocate for and insist on justice for every client. Halifax lawyer John McKiggan is the author of Breaking the Silence, a legal guide for childhood sexual abuse survivors. He is recognized across Canada for representing abuse survivors.

To schedule a free legal consultation with a Nova Scotia sexual abuse lawyer, call McKiggan Hebert Lawyers at 902-706-2298. When you are ready to come forward, we’re prepared to work for you.