Understanding Survivor Rights in the Wake of the Nova Scotia Youth Centre Abuse Allegations

The recent news from Nova Scotia is staggering: 75-year-old Donald Douglas Williams, a former swim instructor at the Nova Scotia Youth Centre in Waterville, faces 66 sex-related charges for allegedly assaulting more than 300 youths between 1989 and 2015. These charges are the result of a four-year RCMP investigation, “Operation Headwind,” which was prompted by the immense courage of survivors who came forward to share their truth. While the criminal case against an individual is a critical step, it is only one path to justice. For survivors of institutional abuse, the civil legal system offers a separate, parallel path focused on personal healing, acknowledgment, and empowerment. This article will explain that path, outlining how survivors can hold institutions accountable and reclaim their power.

The Two Paths to Justice: Criminal vs. Civil Law

Understanding your legal options begins with knowing the difference between the criminal and civil justice systems. The criminal case against Mr. Williams is being pursued by the state (the Crown) on behalf of society. Its goal is to determine guilt and impose punishment, such as imprisonment. The standard of proof is “beyond a reasonable doubt,” the highest in Canadian law. In this process, the survivor acts as a witness; they do not control the case or receive financial compensation for their trauma.

A civil lawsuit, in contrast, is initiated and controlled by the survivor. Its purpose is not to seek jail time but to hold the perpetrator and any responsible institutions accountable for the harm caused and to secure financial compensation (damages). This compensation can cover pain and suffering, therapy costs, and lost income. The standard of proof is a “balance of probabilities”—meaning it is more likely than not that the events occurred as claimed. This lower standard, combined with the survivor’s control over the process, can make a civil claim a powerful and validating part of the healing journey.

Holding the Institution Accountable

In cases of institutional abuse, the harm is often enabled by the organization that placed the abuser in a position of power. A civil lawsuit allows survivors to hold not just the individual accountable, but also the institution—in this case, the Province of Nova Scotia, which operated the youth centre. This is achieved through the legal doctrine of vicarious liability, which holds an employer responsible for wrongful acts committed by an employee if the job created or enhanced the risk of that harm occurring. By hiring Williams and giving him authority over vulnerable youths, the province created the very risk that allegedly led to decades of abuse.

Furthermore, a 1995 government-commissioned report found that youths were victims of abuse at the Waterville facility. This report put the province on direct notice of the danger. The allegation that the abuse continued for another 20 years suggests a potential failure to act, strengthening the case for holding the institution directly negligent.

It’s Never Too Late to Seek Justice

Many survivors of historical abuse believe it is “too late” to come forward, but this is a myth. For serious criminal offences like sexual assault, there is no statute of limitations. Crucially, the civil system has also removed these barriers. Nova Scotia’s Limitation of Actions Act explicitly states there is no time limit for filing a civil claim based on “misconduct of a sexual nature.” This law acknowledges the complex, long-term nature of trauma and ensures the doors to justice remain open, no matter when a survivor is ready to speak.

Survivors can also find strength in numbers. A class-action lawsuit allows a group of people with similar claims to act as one, pooling resources and reducing the burden on any single individual. The powerful precedent set by the Nova Scotia Home for Colored Children case, which resulted in a $29 million settlement from the province, demonstrates that this approach is a proven and effective path to justice in Nova Scotia.

A Confidential and Compassionate Path Forward

The decision to pursue a legal claim is personal, and a trauma-informed legal team works to make the process safe and empowering.

• Confidentiality is Key: Your privacy can be protected. Lawsuits can be filed using a pseudonym (e.g., “Jane Doe”), and publication bans can prevent the media from reporting any identifying information.
• Avoiding the Courtroom: The vast majority of civil sexual assault claims are resolved through confidential, negotiated settlements, not a public trial. The goal is to achieve a fair resolution without re-traumatization.
• No Upfront Costs: Reputable sexual assault lawyers work on a contingency fee basis. This means you pay no fees unless and until we win compensation for you.

If you are a survivor of abuse at the Nova Scotia Youth Centre or any other institution, you are not alone. The courage you have shown deserves to be met with compassionate and powerful legal advocacy. Contact the dedicated sexual assault lawyers at Diamond & Diamond today for a free, completely confidential consultation. Call us 24/7 at 1-800-567-HURT.