Judge considers class action suit against Marymound as new documents allege abuse, neglect
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WARNING: This story contains details of suicide and contains graphic details involving allegations of child abuse and sexual assault.
Children in the care of a Manitoba non-profit were sexually abused and forced to spend days in isolation, and one girl killed herself after major gaps in her care, according to new court documents filed as part of a proposed class action lawsuit against Marymound Inc.
First filed in 2023, the suit names Marymound, the Manitoba government and the Réseau Compassion Network. It alleges that for decades children in care of the social services organization faced widespread abuse that was ignored by the government and Marymound staff.
Marymound provides a wide range of services for at-risk youth, including group housing, foster care and schooling. They operate multiple Winnipeg sites and run programs in Thompson, Man.
A Court of King’s Bench judge will hear arguments Tuesday as to whether it should be certified as a class action. Meanwhile, the new court filings bring to light internal probes into the organization that have never been made public.
A motion brief filed by the lead plaintiffs — two unnamed individuals who attended Marymound in the ’90s — details two “damning reports” by the government they say shows it was aware of the “ongoing systemic failures at Marymound.”
Internal reviews
A 2013 report was commissioned by the government after a resident killed herself, according to the brief filed on Jan. 10, 2025.
It reviewed her internal records and found staff failed to record critical information on the use of physical restraints, assaults and suicidal ideation. They found no one tried to find her when during a period she ran away.
“Among the most critical gaps” identified in her treatment was they “did not consider” her history of suicidal ideation and past suicide attempts, according to the court document.
The brief details how in 2014 a government employee sent this report to the senior management and the board of Marymound outlining her concerns with the organization.
“I am extremely worried that we have been having the same discussion for nine months now, with no improvement in the child safety concerns identified,” the child and family services employee wrote, according to the court document.
Meanwhile a separate 2007 review by the Manitoba government looked at Marymound’s use of isolation rooms. It found a “major breach of standards” and said children were locked in the room on some occasions for more than four days, according to the motion brief.
Former students come forward
Seven people who attended Marymound between 1974-2008 filed sworn affidavits detailing their experiences with the organization, which were summarized in the January motions.
Several of the students said they were sexually assaulted by staff at Marymound. One former student alleged they lived in constant fear of being “beaten, tackled and restrained.”
Another alleged that when she was 13 years old, she was sexually assaulted by a man who was visiting another resident.
The court filings documented the “callous” response by staff to the assault, who wrote in her file the 13-year-old “learned the hard way what the consequences can be with casual sexual activity.”
Marymound, the Government of Manitoba and Réseau Compassion Network filed their own motion briefs in court last week. All three are asking that for the certification motion to be dismissed as filed. They declined to comment as the case is before the courts.
Réseau Compassion Network is a non-profit organization that is the “sole member” of Marymound and is responsible for appointing its board. Lawyers for the non-profit argue they have no knowledge or authority of the day-to-day operations of Marymound.
In their motion brief filed Feb. 3, Marymound’s lawyers detailed “critical variances” with the allegations made by the former students in their affidavit and what they said under cross examination by their lawyers.
“These cross-examinations illustrated large discrepancies between the affiant’s recollection and Marymound’s documentary records,” the lawyers wrote.
Lawyers for Manitoba Justice argue they have never owned, operated, managed, controlled, maintained, or staffed Marymound. Instead they argue they provide funding to them and licence/inspect their group homes.
“There is no evidence that Manitoba knew or ought to have known of the alleged systemic physical, sexual or emotional abuse, as alleged by the plaintiffs,” they wrote in their motion brief filed Feb. 3.
Chief Justice Glenn Joyal will hear the motion for certification on Tuesday, and it is scheduled to last two days.
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