September 2003

Workers Sue For Mental Suffering
Financial settlements

By Donalee Moulton

THE FIRST LAWSUITS by employees of youth detention centres wrongly accused of abusing residents were recently filed against the Nova Scotia government -- and more actions are expected to roll in unless the government sweetens its compensation package.

Nova Scotia's justice department has offered each worker a written apology and a financial settlement of $5,000 to $40,000 (initially, the top offer was $20,000) to cover claims, including those for mental suffering. The money does not include compensation for loss of income, but the government estimates the redress program could cost as much as $8 million.

So far, fewer than 20 employees have agreed to the compensation package and another 20 appear ready to settle. That leaves roughly 140 workers still without a deal.

While the focus has been on reaching a settlement, important issues such as occupational health and safety concerns and human rights issues have been ignored, says Dale Dunlop, a lawyer with the Halifax firm Walker, Dunlop who represents about 80 per cent of the falsely accused workers. The government, Dunlop claims, "has given these people a disability."

In at least two cases, the provincial Workers' Compensation Board (WCB) would appear to agree. Two workers have received benefits for post-traumatic stress. The Workers' Compensation Act covers stress only if it is the result of a one-time traumatic event, the classic example being the bank teller who is robbed at gunpoint.

Dunlop contends the two workers were awarded benefits because of their treatment at the hands of investigators looking into the claims of abuse. "The manner in which they were interrogated was so stressful... They scared the shit out of them. These were health professionals and they lost their confidence," he says.

But the workers lost more than their confidence, says Joan Jessome, president of the Nova Scotia Government and General Employees Union. "These innocent employees suffered and will continue to suffer anguish, humiliation and emotional distress," Jessome says.

In the first lawsuit filed, a former deputy superintendent at the youth centre in Shelburne -- where most of the charges of abuse originated -- is claiming damages for negligence, intentional affliction of mental suffering, harassment and intimidation, abuse of power and defamation. As a result of ongoing stress, intimidation and harassment, Terrance Smith says he suffered a nervous breakdown and is unable to return to work.

Former justice minister Michael Baker, who oversaw development of the compensation offer, has called it "exceedingly fair."

Many of the youth workers and their representatives clearly disagree. The Combined Employees for Restorative Justice group, which represents most of the falsely accused past and current employees of the youth centres in Shelburne and Truro, has called for a compensation package with an upper limit of $85,000. There should also be consideration for lost income and suffering that workers endured trying to clear their names.

There is strong support for the workers in what is known as the Kaufman report, a 700-page document released by retired Quebec Justice Fred Kaufman in January of 2002. Kaufman, who lead the investigation into the province's response to allegations of institutional abuse, found that the program was riddled with problems and was unfair to true victims of abuse and to innocent employees.

"I was to determine whether the government response was appropriate, fair and reasonable. The simple answer is that it was not," Justice Kaufman wrote in his report. "It was commendable that the government was concerned about the plight of abuse victims and understood its obligation to rectify past wrongs and prevent future wrongs. However, it lost sight of its obligation to its own former and current employees. And fairness became yet another victim," he continued.

There have been signs of reluctance from the government since the report was released. At the time, Baker stated, "Mr. Kaufman made many findings and recommendations, but I think his findings come down to this: when government hears a story of difficult circumstances, it wants to help -- which is generally a good thing. But it can also rush to judgment, which is not."

But nearly three years after Justice Kaufman was appointed to investigate the false allegations and government's handling of the charges, little has changed for workers involved and the future holds little promise that it will.

Michael Baker had made it clear that the government is sticking to its guns. Jamie Muir, his successor, seems to be singing from the same song sheet. "I think you have to be focused on doing what you think is both fair and legally right, or not to be concerned about whether everyone is happy or not," Muir adds.

"We recognize there will always be the potential that some people will not be satisfied," Baker has said. "(But) we have a resolution method. It's called litigation."

And it's off to court they go.

Donalee Moulton is a freelance writer based in Halifax.

Back to contents