Former N.W.T. premier sought in lawsuit involving Nunavut sex offender
Lawyers for former students of convicted Nunavut sex offender Ed Horne in a second lawsuit allege that government officials, including former Northwest Territories premier Joe Handley, knew of the abuse Horne was committing as a teacher in eastern Arctic schools decades ago.
Lawyers for about 70 men and one woman, all former students of Horne from the 1970s and 1980s, plan to ask the Nunavut Court of Justice on Tuesday to let them question Handley, who was the N.W.T.'s deputy education minister when Horne, now 64, was first arrested on sex crimes.
"Our belief is that Mr. Handley, as deputy minister back in the mid-80s, had particular knowledge of these matters and some correspondence of the day lead us to that belief," Geoff Budden, the Mount Pearl, N.L., lawyer representing the former students, told CBC News on Thursday.
"We believe that we're entitled to and the legal process would benefit from Mr. Handley being questioned at this stage of the case."
Nunavut was part of the Northwest Territories until 1999. The former students are suing the governments of both the N.W.T. and Nunavut, alleging that they failed to protect them from Horne.
Horne pleaded guilty in 1987 to eight sex-related charges involving 24 former students. He was convicted in 2000 on another 20 charges.
A third trial involving fresh allegations from four men wrapped up in January, with a decision by the judge expected later this year.
In 2002, the N.W.T. and Nunavut governments reached a $21-million out-of-court settlement with more than 82 of Horne's former students. The current lawsuit was filed in 2004.
In addition to seeking permission to question Handley, Budden and his team will also ask the Nunavut court to strike out a portion of the governments' defence that alleges some plaintiffs may have consented to sexual contact with Horne.
"There's no basis for it," Budden said. "It's offensive and it should be removed."
The lawyers are also asking for access to other former government officials who worked in the 1970s and 1980s, as they allege there were government policies that allowed teachers who committed sexual offences to resign, rather than face charges.
Budden said he believes there was a deliberate destruction of documents related to the matter.
"We believe that there is now evidence that the government knew of Edward Horne's sexual behaviour towards the students as far back as the spring of 1972," he said.
Robert Dewar, the lawyer for the governments involved, said he would make no comment while the case is before the courts.