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Newfoundland man takes solitary confinement cell to Ottawa to protest statute of limitations

Jack Whalen spent long stretches in solitary confinement as a child at the Whitbourne Boys' Home. Now he's protesting for his right to sue the government for his treatment.

Jack Whalen says he won't stop until N.L. removes limitations on all child abuse lawsuits

A man wearing a grey t-shirt with his arms folded. He's standing in front of a grey box with multicoloured lettering on it.
Jack Whalen built a replica of the solitary confinement cell where he estimates he spent about two years of his life. He drove it to Ottawa, and parked outside the national human rights monument. (Christian Patry/CBC)

Jack Whalen — a man who says he spent more than 700 days in solitary confinement as a child in a Newfoundland youth detention centre — has taken his protest to the nation's capital. 

Whalen made news in June when he attached a makeshift solitary cell to his pickup truck and parked it outside the Confederation Building in St. John's.

Now he's taken the truck to the Canadian Tribute to Human Rights monument in Ottawa.

"A lot of people are crying when I tell them my story," Whalen said. "It doesn't make me feel good that people are crying, but it sure makes me feel like people are listening."

He's protesting the Limitations Act in Newfoundland and Labrador, which imposes a time limit on victims of childhood physical abuse. The law is being used against Whalen in court, blocking his attempts to sue the province for his treatment at the Whitbourne Boys' Home.

A message that says "I was 13 years old. The government of Nfld should be accountable for what they did to me."
Whalen wrote messages on the inside of the cell and made 730 checkmarks, for each day he spent in the cell, on the far wall. (Christian Patry/CBC)

Whalen estimates he spent about 730 days in solitary confinement between the ages of 13 and 17. He made numerous escapes from the institution, located about an hour away from St. John's, and would be thrown back into solitary upon being recaptured. 

Under the Limitations Act in Newfoundland and Labrador, Whalen had until his 21st birthday to come forward with a claim, or his 29th birthday if the abuse had been discovered later in life.

Only Newfoundland and Labrador and New Brunswick have limitation periods for victims of childhood physical abuse. There is no such limit for victims of childhood sexual abuse.

Whalen made a four-day stop in Fredericton on the way to Ottawa, encouraging people there to call on the New Brunswick government to change its legislation as well.

"When was the last time this law was looked at?" Whalen said. "Is it necessary? Why is it just the citizens of Newfoundland and New Brunswick who don't have the same rights as everyone else?"

WATCH | Jack Whalen describes what solitary confinement meant a child held at the Whitbourne Boys' Home:

Jack Whalen’s replica of solitary confinement cell draws shock and tears

1 year ago
Duration 1:41
Jack Whalen has traveled to Ottawa with a makeshift cell that represents where he spent almost two years in solitary confinement at the notorious Whitbourne Boys’ Home in eastern Newfoundland. Whalen suffered physical and psychological abuse, but Newfoundland and Labrador is one of only two provinces that have statutes of limitations on child abuse lawsuits. He wants the federal government to change that.

Messages of support along the way

Whalen said it's been difficult to rehash his story to every person he meets but he's had encounters along the way that have buoyed him.

"It is very comforting to know that people are listening and people are actually getting something from what I'm doing," he said. 

"I had a lady contact me and say that for 60 years she's been living with what happened to her, and she said, 'It doesn't go away, does it?' And I said it hasn't for me, but you've got to keep trying. So I think I am reaching some people."

A pickup truck with a big grey box on the back. The box has messages on it about Jack Whalen's time in solitary.
Whalen plans to spend some time in Ontario before returning to Newfoundland and Labrador for the fall sitting of the legislature. (Christian Patry/CBC)

Newfoundland and Labrador Justice Minister John Hogan hinted at a review of the legislation when asked about Whalen's story in June, though nothing has been announced thus far. 

"With any piece of legislation we always review them to see what's appropriate, to look at other jurisdictions across the country, and this is one we will continue to look at as well," Hogan said at the time. 

Whalen said he knows his cause is a provincial one, but he hopes someone in the federal government will take up his cause and help him advocate for change. 

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ABOUT THE AUTHOR

Ryan Cooke is a journalist with the Atlantic Investigative Unit, based in St. John's. He can be reached at ryan.cooke@cbc.ca.

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