‘Great disappointment’: Pope’s rejection of probe into Canadian Cardinal’s alleged misconduct sparks anger, frustration

MONTREAL-Pope Francis says there are no grounds to proceed with a church investigation into sexual misconduct allegations against Canadian Cardinal Marc Ouellet - a decision that has enraged the clergyman's alleged victim and victims' rights advocates.

The Pope found that there are no elements to initiate a trial against Cardinal Ouellet for sexual assault," according to Vatican spokesperson Matteo Bruni, who said Thursday the conclusion came after a preliminary investigation launched last year.

There is great disappointment," said Justin Wee, a Quebec lawyer leading a class action lawsuit against the Diocese of Quebec, in which Ouellet is named, but I can say that our client is more determined than ever to demonstrate that what she says is true."

The Vatican probe was carried out by a Belgian priest, Rev. Jacques Servais, who has close professional ties to Ouellet.

Both men contributed to a 1998 book, Mission and Meditation," about the Catholic theologian Hans Urs von Balthasar. In addition, Servais is the current director of Casa Balthasar, a centre in Rome for religious retreat and study, while Ouellet sits on its board of directors.

They worked together. They were members of a board of directors together. That poses a problem of the appearance of partiality or of conflict of interest," Wee said.

Even if there had been no links between Ouellet and Servais, the Roman Catholic Church cannot be trusted to conduct a thorough investigation into the actions of its own members, said Leona Huggins, a founding member of Advocates for Church Trauma Survivors-Canada.

No institution can investigate itself. We've seen it over and over again with sports organizations, with the police, with any organization that is trying to investigate itself. They're closely entwined," she said from Vancouver. I'm sure that there's a strong sense of friendship among them, a strong sense of collegiality, and it's hard to call your friends out for their behaviour."

The statement of claim in the lawsuit against the Diocese of Quebec targets more than 80 priests and church officials alleged to have committed clergy abuse of varying degrees dating back as far as the 1950s against more than 130 victims.

The specific claims in the lawsuit have not been proven in court, and a statement of defence has not been filed.

Ouellet is alleged to have inappropriately touched a diocese intern in her early 20s on several occasions between 2008 and 2010, when he was archbishop of Quebec and in his mid-60s.

The claimant, identified only as F.", said that Ouellet hugged her, gave her an unwanted shoulder massage and, on one occasion, rubbed her back and allowed his hand to slide down to her buttocks.

He took me and then, with his hands on my back, they descended far enough down, invasive enough for someone who was my superior, who was the Archbishop of Quebec," the woman told Radio-Canada's investigative news program Enquete in an interview earlier this year.

F." alleges that she was also sexually abused several years later by a second priest in the Diocese of Quebec, acts that included oral sex, masturbation and penetration and occurred at the claimant's home, at hotels and in churches.

The priest, Father Leopold Manirabarusha, was suspended in April due to unspecified allegations against him of inappropriate behaviour that are being investigated by church officials.

The former intern said in the statement of claim that she approached church officials in Quebec City in late 2020 to report what had happened to her, was told that the actions constituted sexual assault, and was urged to file a complaint with the Vatican, where Ouellet occupies the post of prefect of the Congregation of Bishops, responsible for advising Pope Francis on selecting bishops.

Servais was quickly appointed to investigate her claims, made contact with the woman and took her testimony, but has not been in touch for more than a year, according to the statement of claim.

She wondered if the investigation was being taken seriously. The impression it leaves is that it was dubious," Wee said.

The statement of the Vatican press office said Francis consulted with Servais and was told: There are no grounds to open an investigation into the sexual assault of Person F by Cardinal Ouellet. Neither in her written report sent to the Holy Father, nor in testimony via Zoom that I subsequently collected in the presence of a member of the ad hoc diocesan committee, did this person make an accusation that would provide material for such an investigation."

The church statement said that Francis made further consultations, but ultimately concurred.

Pope Francis declares that there are insufficient elements to open a canonical investigation for sexual assault by Cardinal Ouellet against the Person F," the statement said.

But if Vatican officials found that proof was lacking, they could have asked for additional proof and if a conclusion had been reached, it should have been transmitted to the complainant, Wee said, wondering why it took a year-and-a-half - and the publicity that accompanied the filing of a civil court claim naming Ouellet - to get an official reaction.

It's disrespectful that a victim who complained about a sexual assault by a priest learns the results of that complaint through the news and that they didn't even take the care to contact her before," he said.

The Survivors Network of those Abused by Priests (SNAP) criticized Pope Francis's dismissal of the claims against Ouellet before evidence has been presented in court, saying it demonstrates the superficiality of the Church's promises to handle such accusations competently."

Dismissing the need for a canonical investigation in this case and concluding that there are no grounds' for a probe, when the legal case is still in its infancy belies the claim that the church will seriously look into accusations against high-ranking Catholic officials," the group said in a written statement.

Wee said the Pope's decision carries no legal weight in Quebec courts. His client, meanwhile, is determined to seek compensation for the treatment it is alleged she endured.

She will have to explain what happened, but we fully expect that Cardinal Ouellet will have to explain what happened as well," he said.

No one is above the law and if a judge gives the permission to question the cardinal I imagine - especially if he maintains that he has nothing to apologize for - that he will come and answer our questions."

Allan Woods is a Montreal-based staff reporter for the Star. He covers global and national affairs. Follow him on Twitter: @WoodsAllan