In an insightful discussion with Lawyer Monthly, Isaac Zisckind, a distinguished attorney at Diamond & Diamond Lawyers, delves into the pivotal legal concepts of vicarious liability and direct negligence in the context of the harrowing abuse allegations at the Nova Scotia Youth Centre. The case, which has recently seen a former employee charged with 66 counts of sexual abuse following a four-year RCMP investigation known as Operation Headwind, highlights the critical issue of institutional accountability. Allegations span from 1989 to 2015, involving over 300 youths.

The criminal proceedings mark a significant step, driven by the bravery of survivors coming forward after years of silence. However, Zisckind emphasizes that the criminal justice system's role—focused on determining guilt and imposing state sanctions—often leaves survivors feeling sidelined. In contrast, the civil justice system provides a survivor-centered approach, aiming not for incarceration but for financial accountability and compensation for the immense harm caused, including therapy costs and lost income.

"In cases of historical abuse, the misconduct usually transcends beyond the individual perpetrator, often being enabled or overlooked by the institutions," Zisckind explains. He outlines how the legal framework supports holding organizations liable through the doctrines of vicarious liability and direct negligence. For instance, the Province of Nova Scotia, which operated the facility and employed the accused, created conditions that allegedly facilitated the abuse, thus bearing legal responsibility.

Further compounding the institution's accountability, a 1995 government-commissioned report had already pinpointed abuse at the Waterville facility, which should have prompted immediate action. Zisckind points out that the continued abuse for two decades thereafter underscores a severe institutional failure.

Addressing the barriers survivors face, Zisckind hails the legal advancements in removing statutes of limitations for civil lawsuits related to sexual misconduct. This change acknowledges the enduring nature of trauma and ensures that justice can be sought irrespective of the time elapsed since the abuse.

The attorney also highlights the power of class-action lawsuits, which unify survivors, allowing them to share the burden of litigation and amplify their collective voice, as evidenced by the successful $34 million settlement in the Nova Scotia Home for Colored Children case.

Zisckind concludes with a call for systemic reform, urging that financial repercussions for failing to protect the vulnerable can drive institutions to adopt stricter safeguards and prioritize safety, thus preventing future abuses. He reassures survivors of their right to justice and underscores the legal community's duty to support them with trauma-informed, respectful legal representation. "The pursuit of justice for one can lead to greater safety for all," Zisckind asserts, affirming his commitment to advocating for these crucial legal principles.