Prosecution avoided

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After spending almost 10 years fighting rape and indecent assault charges, Roman Catholic Bishop Hubert O'Connor publicly confessed and apologized for his crimes on June 15.

The 70-year-old bishop, charged with sexually abusing an Aboriginal woman in a residential school, escaped criminal prosecution by agreeing to participate in a traditional Aboriginal healing circle. After using all legal avenues available to him in Canada's justice system to assert his innocence over a series of three trials in British Columbia's Supreme Court, once an arrangement was struck which removed the threat of criminal prosecution and possible conviction, O'Connor confessed and apologized and then walked away a free man.

Debra Bell, the sexual assault coordinator for Slanis Fe Wilnew Lte (The Women of Our People Society), a Victoria-based organization which provides victim services to Aboriginal women, thinks the case should have stayed in the courts.

"The use of the healing circles by offenders such as Bishop O'Connor could be perceived by some survivors as a means of circumventing the justice system, minimizing the pain and trauma that has been caused to them and as an easy way out for offenders," Bell said. "We support the use of restorative justice initiatives for minor offences and property crimes as Aboriginal people are disproportionately represented in our jails. However, the use of the healing circle instead of a trial for Bishop O'Connor, the highest ranking church official in Canada to be charged criminally for rape, we fear could set a precedent that allows serious crimes against women to go unpunished."

Bell said she could understand why the victim would want to get the matter settled through any means possible. She pointed out that criminal trials are very difficult for victims of sexual assault.

A grieving ceremony for the decision was held on July 20. People who disagreed with allowing the bishop to take advantage of the healing circle gathered on the lawn of the provincial legislature to remind the province's attorney general that serious crimes such as sexual assault should not be dealt with in such a manner.