Judge dismisses security request in sexual abuse suit

Ordering a man suing the NWT government over alleged childhood sexual abuse to pay for some of the territory’s legal costs up front would not be in the interests of justice, a judge has ruled.

The man, whose identity is protected by a publication ban, is one of two who allege they were sexually abused by Duncan Canvin while they lived in his care as young teens in Fort Simpson in the 1990s.

Canvin, a former RCMP officer and ex-mayor of Fort Simpson, was acquitted of criminal charges related to the allegations in 2012.

The men subsequently filed lawsuits in 2013 and 2020 against Canvin, the Attorney General of Canada (as Canvin’s employer when he was an RCMP officer) and the NWT government, which is responsible for social services and child welfare.

Canvin has maintained his innocence and denies abusing any of the boys in his care.

The NWT government also denies the claims against it.

The territorial government recently asked the NWT Supreme Court to order one of the men to pay a security deposit for legal expenses that might be due should the GNWT win at trial. Those costs are estimated at more than $42,000.

In civil cases – and, in rare instances, criminal cases – the court may order the losing party to pay some of the winning party’s legal costs.

In NWT Supreme Court last week, Peter Gibson, the lawyer representing the NWT government, noted the man has not yet paid the territory legal costs it was awarded in a separate lawsuit related to an assault at the North Slave Correctional Complex.

In that case, the court found the NWT government was not liable and awarded it some costs.

Gibson said there was no evidence the man could not pay security for legal costs in the latest lawsuit related to alleged childhood sexual abuse. He added progress on the case has been slow.

The man’s lawyer, Alan Regel, said his client is unable to pay security as he has no steady employment and lacks assets.

Regel argued requiring his client to pay security would be “very unjust and unfair” and would be “looked at very poorly in the public eye.” He said the man is a vulnerable person involved in litigation against two governments and a former RCMP officer.

Regel added the lawsuit is not frivolous, saying it is in the public interest for people to come forward with allegations of sexual abuse.

Weighing all of the factors – particularly the nature of the case – Justice Sheila MacPherson found it would not be in the interests of justice to require the man to pay security.

She said that would only financially prevent the man from pursuing the lawsuit, adding it is important for the case to move forward “as expeditiously as possible.”

Men allege repeated sexual abuse

The two men are each suing Canvin and the NWT and Canadian governments for at least $950,000.

However, one of the men said he was not suing for the money.

“I just don’t want it to happen to anybody else’s children,” he said.

In court documents, both men claim Canvin used his position as an RCMP officer to arrange for underaged boys in trouble with the law to be placed in his care. They said up to seven or eight boys at a time lived with Canvin.

The men said they believe the NWT government did not conduct the normal investigation into Canvin’s suitability as a foster parent because he was an RCMP officer, and did not provide adequate safeguards to protect children in care.

The NWT government has denied those claims.

The men claim Canvin groomed them and created a fun and free environment for boys in his home, providing cigarettes and alcohol while encouraging them to view his collection of pornography. They allege Canvin used his position as an RCMP officer to control them and discourage them from speaking out.

Both men claim they were subject to repeated sexual abuse by Canvin and other boys in the home.

One man alleged Canvin forcibly masturbated him, while the other man’s allegations included incidents of oral and anal sexual assault.

The men say they have suffered long-lasting psychological and emotional trauma and the alleged abuse has permanently impacted their ability to live a normal and high-functioning life.

“I was ashamed for a long time that this happened to me and it was hard for me to talk about,” one man said.

“It impacted me a lot.”

Canvin has denied all of the allegations against him.