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A Canadian court has ruled that a civil lawsuit against Basilian priest Fr. Thomas Rosica can move forward, rejecting arguments that the matter should be confined to Church proceedings. The case was filed in March 2024 by Fr. Michael Bechard of the Diocese of London, Ontario, who alleges that Fr. Rosica sexually abused him. Fr. Rosica, long recognized in Catholic media for his Vatican work and his role in organizing World Youth Day 2002 in Toronto, denies the allegations. The suit also names the Basilian Fathers of Toronto as defendants. Both Fr. Rosica and the Basilian Fathers sought to have the case stayed, insisting it belonged in a canonical court under church law.
Last month, Justice Evelyn ten Cate of the Ontario Superior Court disagreed. The Justice said that while canonical courts have their own legal system, they cannot provide victims with the remedies available through civil justice. She ruled that nothing should deprive the plaintiff of the protections that Canadian society extends to other survivors of sexual abuse, even if the person bringing the claim is a cleric. The decision means Fr. Bechard’s claims will now proceed in civil court.
The ruling highlights the important distinction between canon law and civil law, emphasizing that religious institutions cannot shield themselves from civil accountability by pointing to internal church processes in Canada. It also reinforces that victims of abuse within the Church are entitled to the same legal protection as anyone else. A similar result would likely be found in an American court, given that priests do not lose their civil legal rights when they are ordained.
If you have any questions about civil liability for Religious orders, please contact Michael A. Airdo at mairdo@airdowerwas.com or Felicia Owen at Fowen@airdowerwas.com.