The pope’s apology for the damage done by some Catholics to home schools to children and indigenous families can not be used in court against Catholic entities or individuals linked to abuses, legal observers say. There are two main reasons. One is that the Pope is considered the head of state and therefore has immunity when he speaks, and the Vatican itself has immunity. And second, apology laws have spread across Canada over the past two decades, preventing the use of apologies in litigation to prove guilt or liability. Residential schools, run by the Canadian government and run by church groups, operated from the 1880s to the 1990s and were mandatory for much of the time. about 150,000 children went through the schools. Many were physically and sexually abused, a royal commission found. Over the past year, large numbers of insignificant tombs have been found on the site of former schools. Pope Francis apologizes to Indigenous delegation for abusing schools in homes in Canada Truth and Reconciliation Commissioners welcome papal apology for home schools, but urge more action Reconciliation does not stop at the Vatican. It will not end until we bring all our children home “Do not be deceived – this is a cost-effective public relations step, from the church’s point of view,” said Rob Talach, a London-based lawyer who specializes in representing victims of sexual abuse. “If we want to see more accountability, let’s focus again on accessing their files and the ongoing funding that some people need to heal further.” Last year, the European Court of Human Rights ruled that the Vatican has sovereign immunity that protects it from allegations of sexual abuse. “Any apology from the pope has legal protection, so it can and should go much further in an apology than it did this week,” said Mary Ellen Turpel-Lafond, a professor at Allard Law School at the University of British Columbia and director. of the Home School History and Dialogue Center. The pope told former students and indigenous leaders who visited Canada that he was “saddened and ashamed of the role played by many Catholics, especially those with educational responsibilities, in all these things that have hurt you, in the abuses you have suffered and in the lack of respect.” for your identity, your culture and even your spiritual values ”. He added: “For the deplorable behavior of these members of the Catholic Church, I ask for God’s forgiveness and I want to tell you with all my heart: I am very sorry.” But Ms Turpel-Lafond said the pope went much further in Ireland three years ago when he said he regretted the “crimes” committed against thousands of women and children in catholic churches, orphanages, schools and other institutions. “One hopes that, given the degree of legal protection he has, as Pope, as head of state, that when he comes to Canada as planned, to deliver another statement directly to the natives of Canada, that it is a more complete apology. He is expected to visit later this year. Apology laws have been in place across the country since 1999, when the Canadian Legal Commission proposed lifting legal restrictions on apology. “In light of the importance of apologizing to survivors of institutional abuse, it is unfortunate and disturbing that traditional justice processes encourage intransigence, disrespect and lack of remorse on the part of offenders,” wrote Commissioner Susan Alter. In 2006, the current BC ombudsman, Howard Kushner, published a report, The Power of An Apology, stating that public authorities were reluctant to apologize “out of concern that an apology could lead to legal liability”. (A BC Attorney General reported in 2004 to the Sons of Freedom Doukhobor community that children were being held in an institution in the 1950s.) Many of the former children said that a proper apology would have helped them are cured.) BC lawmakers passed the amnesty law later in 2006 and Ontario in 2009. The laws say that, whether apologies are general statements of grief or admission of misconduct, they cannot be considered in civil litigation to prove guilt or liability. Apologies can prevent disputes, Mr Talach said, and governments have passed apology laws to try to reduce the burden on the judiciary and reduce costs for insurers, prospective defendants and plaintiffs. “Believe it or not,” he said, “lawsuits are often not about money. “Many times it is a matter of accountability, it has to do with receiving information. “This is never the case more than in cases of sexual abuse.” He added: “People want systemic change, which is fueled by information. “If everyone agrees and does not even say that I am sorry, let alone explain what happened, the only solution is to go and file a lawsuit.” Fifteen years ago, an arrangement between the Canadian government, church groups and surviving schools examined the responsibility of the Catholic Church, but questions have been raised about whether the church has fulfilled its obligations under this arrangement. 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