Judge will decide whether to approve settlement agreement in Nunavut teacher sexual abuse lawsuit
WARNING: This story contains details of sexual abuse.
An $8 million class-action settlement agreement between the governments of Nunavut and the Northwest Territories and three representative plaintiffs is now in the hands of the Nunavut Court of Justice.
Acting Chief Justice Susan Cooper presided over Tuesday's settlement hearing in Iqaluit, less than a month after lawyers representing the plaintiffs and defendants announced they had reached a settlement agreement.
The lawsuit was brought forward by the representative plaintiffs on behalf of themselves and others who say they were sexually abused by Maurice Cloughley.
Cloughley was a former teacher who taught in schools all over northern Canada, but this lawsuit is specific to his time spent in schools in Clyde River and Resolute Bay between 1969 and 1981.
The schools were run by the government of the Northwest Territories at the time.
One of the two lawyers representing the plaintiffs, Lynn Moore, said that most of Cloughley's other offences would fall under the jurisdiction of the $1.47 billion settlement of abuses conducted at federally-run day schools.
Moore and the other lawyer representing the plaintiffs, Alan Regel, described what Cloughley did to his victims. Regel also said Cloughley took advantage of his power in order to abuse kids.
One of the representative plaintiffs joined the hearing virtually. The identities of all three representative plaintiffs are protected under a publication ban.
While they did not wish to address the court, one person who attended the hearing in-person did.
Pausing every now and then, occasionally close to tears, they said they were only a child when Cloughley entered the community and that what they went through was very different from their culture.
As a result, they said they suffered physically, mentally and psychologically.
"I am better now," they said. "A lot better."
A former student of Cloughley delivered an emotional statement to the court, saying they suffered physically, mentally and psychologically. (Nick Murray/CBC)
Speaking for the defendants, Jane O'Neill said they support the settlement agreement, saying they see it as just and fair to the members of the class-action.
If it is approved, the settlement would pay $2 million plus taxes and expenses in legal fees.
The representative plaintiffs would be awarded $15,000 each. Given that one of them died before the court's decision, Regel said the money will go to that plaintiff's estate.
The rest of the funds will be divided between members of the class. The maximum amount a member can claim is $200,000. Payment is based on a sliding scale of their injuries.
Cloughley thought to be dead
Moore told CBC News shortly after both parties announced the settlement agreement that she was told that Cloughley had died.
According to Dreams and Visions: Education in the Northwest Territories from Early Days to 1984, a book that compiled reports from teachers in the territory about their observations in the communities they were in, Cloughley also taught in schools in Tulita, Arctic Bay and Grise Fiord.
He also taught in schools in northern Manitoba.
Cloughley also wrote two books that were published during his time in Canada.
Maurice Cloughley, left, and his lawyer, right, entering the Yellowknife courthouse in 1996. An $8 million class-action settlement relating to former students of Cloughley is before the Nunavut Court of Justice. (CBC News)
Cloughley was previously sentenced to 10 years in Iqaluit for abusing Inuit and Dene students under the age of 14 between 1959 and 1987 after originally facing 22 charges. He pleaded guilty mid-trial in 1996.
Cloughley returned to his native New Zealand after only serving three years. When approached by CBC News for an interview, the New Zealand Ministry of Justice, Ministry of Foreign Affairs and Trade as well as New Zealand Police all declined to comment.
A decision on whether the court will approve the settlement agreement is expected in the coming weeks.
