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纽芬兰与拉布拉多法院结束重组程序,天主教虐待丑闻重要篇章落幕Important chapter of Catholic abuse saga comes to close, as N.L. court ends restructuring proceedings

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施洗者圣约翰大教堂巍然耸立在圣约翰斯的天际线上。近年来,随着教会出售房产以赔偿天主教学校、堂区和孤儿院中受虐的受害者,这座教堂的影响力已经减弱。(戴尔·布劳提交)The Basilica of St. John the Baptist looms large over the St. John's skyline. The church's influence has waned in recent years, as it sold off properties to compensate victims of abuse in Catholic schools, parishes and orphanages. (Submitted by Dale Brow)

圣约翰罗马天主教主教区公司(RCECSJ)现已进入破产程序,结束了长达数年的重组进程。在这一过程中,超过100处教会房产被出售,用于赔偿虐待受害者。

The Roman Catholic Episcopal Corporation of St. John's (RCECSJ) has now transitioned into bankruptcy, putting an end to a restructuring process that saw more than 100 church properties sold off to compensate victims of abuse.

周五上午,教会的律师在圣约翰斯的纽芬兰与拉布拉多省最高法院提出申请,请求加勒特·汉德里根法官批准终止《公司债权人安排法》(CCAA)下的程序。汉德里根予以批准,为这项始于五年前的复杂程序画上句号。

Lawyers for the church brought forth an application at the Supreme Court of Newfoundland and Labrador in St. John's on Friday morning, asking Justice Garrett Handrigan to approve the termination of proceedings under the Companies’ Creditors Arrangement Act (CCAA). Handrigan obliged, ending a complicated process that started five years ago.

“任何程序都无法弥补这里发生的可怕事情,但我认为在过去五年里,我们所有人都发挥了积极作用,”杰夫·巴登说。他是本案369名索赔人中最大一批人的律师。

“No process will ever make right the terrible things that happened here, but I think we all played a positive role over the last five years," said Geoff Budden, lawyer for the largest contingent of the 369 claimants who came forward in the case.

巴登为他的客户工作已超过30年,最初是一场旷日持久的诉讼,试图让某人为经营圣约翰斯芒特卡斯赫尔孤儿院的基督教兄弟会的虐待行为承担责任。

Budden has been working on behalf of his clients for more than 30 years, starting with a drawn-out process that sought to hold somebody accountable for the abuses of the Christian Brothers who ran the Mount Cashel Orphanage in St. John's.

2020年,幸存者取得了一项里程碑式的胜利,该省上诉法院裁定教会应对基督教兄弟会的行为承担替代责任。2021年,加拿大最高法院拒绝受理上诉,结束了这场漫长的法律纠葛。

The survivors scored a landmark victory in 2020, when the province's court of appeal ruled the church was vicariously liable for the actions of the Christian Brothers. The Supreme Court of Canada declined to hear an appeal in 2021, putting an end to the lengthy legal saga.

随后启动了CCAA程序,RCECSJ据此将其资产挂牌出售,以赔偿越来越多站出来提出索赔的受害者。

CCAA proceedings followed, which resulted in the RCECSJ listing its assets for sale to compensate the growing number of victims who came forward with claims.

RCECSJ的律师杰弗里·斯宾塞周五在法庭上表示,他们最初预计约有100名索赔人会站出来,并估计其索赔总额可能超过5000万加元。结果,他们大大低估了。

Geoffrey Spencer, a lawyer for the RCECSJ, told the court on Friday that they initially expected about 100 claimants to come forward and estimated the value of their claims could top $50 million. It turned out, they drastically underestimated.

总共有369人提出索赔,一名独立评估员认定其索赔总额为1.21亿加元。

In total, 369 people came forward and an independent evaluator pegged the total value of their claims at $121 million.

最终,CCAA程序导致132处教会房产被出售,总额为3280万美元。目前仅剩七处房产未售出,其中两处已接受报价但尚未完成交割。

In the end, the CCAA proceedings resulted in the sale of 132 church properties for a total of $32.8 million. There are only seven properties left unsold, of which two have accepted offers but have yet to close.

省政府今年早些时候出资4580万美元,以承担其对索赔人的责任——其中许多人曾被政府安置在芒特卡斯尔这样的机构中,或在就读由省政府资助的天主教学校期间遭受虐待。

The provincial government kicked in $45.8 million earlier this year to cover its liability to the claimants — many of whom were placed by government in an institution like Mount Cashel, or were abused while attending Catholic schools funded by the province.

律师们周五向法庭表示,迄今为止向幸存者支付的总金额为8520万美元。“这是一笔可观的追偿,”斯宾塞说。接下来会发生什么?

Lawyers told the court on Friday that the total value paid out to survivors so far sits at $85.2 million. "This is a significant recovery," Spencer said. What happens next?

圣约翰教区在重组过程中注册了两个新实体——一个负责堂区的日常运营,另一个负责管理教会保留的房产,例如墓地。

The Archdiocese of St. John's incorporated two new entities during the restructuring process — one to handle day-to-day operations of parishes and the other to manage properties retained by the church, such as cemeteries.

汉德里根的命令使这两个实体从此脱离该程序,这意味着它们不会成为与RCECSJ相关的未来索赔的目标。斯宾塞表示,这对于让教会及其教区居民在没有长久担忧的情况下继续前行至关重要。

Handrigan's order releases those entities from the process going forward, meaning they cannot be targeted by future claims related to the RCECSJ. Spencer said that was crucial to allow the church and its parishioners to move forward without lasting worries.

RCECSJ还将预留100万美元,用于处理未来可能出现的索赔或专业费用。其中包括与教会保险公司相关的上诉所涉及的法律费用,该上诉目前正在加拿大最高法院审理。

The RCECSJ will also hold back $1 million to handle future claims or professional expenses that may arise. That includes legal costs associated with an appeal related to the church's insurance company, which is currently sitting with the Supreme Court of Canada.

斯宾塞表示,今后RCECSJ将作为一家空壳公司存在,仅保留CCAA程序中未售出的少数几处房产。如果这些房产最终售出,资金将在受托人的协助下分配给幸存者。

Going forward, Spencer said, the RCECSJ will exist as a shell company with the few remaining properties unsold during the CCAA proceedings. If those properties are eventually sold, funds will flow to survivors with the assistance of a trustee.

巴登感谢了参与该程序的所有律师,并指出在这场长达30年的法律马拉松的最后五年中,相关人员展现出了高效。

Budden thanked all the lawyers who were involved in the process, noting the efficiency of those involved over the last five years of a 30-year legal marathon.

周五上午,两名幸存者坐在他身后的旁听席上,注视着这一程序最终落下帷幕。

Two survivors were in the gallery behind him on Friday morning, watching as the process finally came to a close.

巴登说:“他们在这个过程中展现出的尊严和耐心已得到认可,我今天在这里也要再次予以肯定。我有幸与这些人共事,在某些情况下,也与他们的遗孀共事。”

“Their dignity and patience throughout this process has been acknowledged and I'd like to acknowledge it again here today," Budden said. "I've had the privilege of working with these men and, in some cases, their widows."

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