Class-action lawsuit for children abused by military priest certified by Alberta court

A class-action lawsuit attempting to hold the federal government responsible for sexual abuse suffered by children at the hands of a military priest at an Edmonton army base has been certified in the Alberta courts.

The case alleges that the federal government allowed a Canadian Armed Forces chaplain, Capt. Angus McRae, to sexually abuse children who were living on armed forces bases with their families. McRae, who died in 2011, served at bases across Canada before he was convicted of sexual crimes against children. 

The representative plaintiff, Bobby Bees of Vancouver, wants to hold the federal government accountable for failing to stop the abuse, the dark memories of which torment him daily.  

"I went through so much hell," said Bees, 52, in an interview with CBC. "My entire childhood after that was just torn apart." 

The $60-million claim seeks to hold the government liable for McRae's misconduct, alleging that the Armed Forces knew or ought to have known about the abuse. Bees's legal team, Calgary-based Napoli Shkolnik, is encouraging other victims of McRae to come forward. 

'Torment and depression' 

In a written ruling issued last week, Justice Robert Neufeld of the Court of King's Bench of Alberta, granted the case class-action status. The case can proceed on behalf of any of McRae's child victims, the Calgary judge ruled. 

"It encourages victims who would otherwise remain hidden to seek access to justice, as they would not be alone in their pursuit," Neufeld wrote of his decision to certify the case.

"Bees has, for many years, pursued access to justice in respect of his claim of sexual abuse as a child. He appears to have suffered many years of torment and depression." 

Bees said the certification is welcome news but bittersweet. Bees said he will never feel closure. A childhood marked by a web of lies that left Bees feeling shame and at fault for the abuse.

Bees said he was failed by the adults in his life who were meant to keep him safe, and by the military justice system.

"I'm hoping that this case can show the trauma that, not only myself, but others went through — especially in a military environment — can have detrimental toxic mental effects that last a lifetime." 

According to the case, Bees — who grew up on military bases across Canada — was victimized during his time at Canadian Forces Base Namao more than four decades ago.

The case alleges that the misconduct spanned from 1978 to 1980, when Bees was between the ages of 7 to 9. 

According to the statement of claim filed in 2021, Bees was subjected to numerous cases of mental, physical and sexual abuse by McRae and one of his altar boys, identified in the court record as P.S.

McRae had been an officer in the Canadian Armed Forces in 1973 and subsequently joined the military chaplaincy.

The altar boy, who had also been victimized by the chaplain, acted as an "agent" for the priest, abusing Bees repeatedly under McRae's supervision, the case alleges. 

Bees attests that he was repeatedly taken to the base chapel where he was drugged and sexually abused by the boy, in the presence of McRae. Bees remembers being fed a sickly sweet liquid, possibly grape juice, that left his memory spotty.

The case also alleges that McRae ensured Bees was regularly babysat by the older boy, exposing him to further instances of sexual abuse. 

According to the claim, the abuse suffered by McRae's victims included private and public degradation, physical assaults and forced confinements.

"McRae used this position of power, granted to him by the defendant, Canada, to abuse hundreds of children mentally, physically and sexually," his statement of claim says.

A confession 

Bees's allegations against the altar boy led the military police to open an investigation into McRae's misconduct which ultimately resulted in a confession from the priest.

According to Neufeld decision, in June 1980, McRae admitted to having sexually abused "several minors" over the preceding "couple of years" at an ecclesiastical court, convened by a Catholic diocese.

He was punished with the imposition of mandatory counselling, followed by five years of residency at a monastery or similar institution.

In July 1980, McRae was subject to a court martial and eventually booted out of the military. In 2008, the altar boy, P.S., brought a civil action against McRae which was later settled out of court.

Transcripts from 1980 court martial proceedings, released in 2020, show the military knew McRae had other victims and knew of previous sexual allegations against the priest. 

'Without detection'

After being removed from military service and moving away from Alberta, he was later convicted of molesting two young boys in Ontario. 

"He admitted to having sexually abused several children during his 'couple of years' at the base, was court-martialled and was separately charged and sentenced to penitence by the Catholic Church," Justice Neufeld wrote. 

"These facts and circumstances all beg the question of how the late Father McRae came to be given the opportunity to minister to children at CFB bases in Canada, and to sexually abuse children for at least a couple of years without detection." 

The federal Crown, named as defendant in the case, had opposed certification of the action, taking issue with the framing of the allegations. 

According to the court record, lawyers for the Crown argued that the claim had failed to prove that the government could be held liable for the assaults allegedly committed by the altar boy. 

The government also argued that the claim did not support the allegation that children at CFB Namao were under government custody and supervision and that Canada had acted as de facto parents for the children.

Lawyers for the government have not responded to requests for comment on the case. 

The position held by Father McRae was part "ecclesiastical, and part military," Neufeld wrote, and victims should have their day in court. 

"He had the power of a priest, and the rank of captain," the judge wrote. 

"Alleged victims should be given the opportunity to show that Canada was negligent in the hiring and supervision of its employee." 

'The ultimate respite' 

Bees has long been haunted by what he endured. He plans to seek a medically-assisted death in the near future. 

In his decision, Neufeld acknowledged Bees's ongoing torment and desire to die as "the ultimate respite from his lifelong depression." 

"One can only hope that access to justice, however this action is resolved, will lead or assist Mr. Bees to find a different path." 

Bees was part of the campaign to expand the availability of medical assistance in dying to people with severe mental health issues and wrote to a special joint committee about his desire to die.

He said he had no choice in the matter of his sexual abuse or how it was dealt with and begged the government to give him the choice over how his life would end.

It's something he still wants, to escape the daily pain he endures and the guilt he can't seem to shake for what happened to him.

"You can never get rid of it," he said. "Those memories, they are still with me."