Jack Whalen is relieved as the NL removes obstacles to abuse claims

Jack Whalen, the man who called on the Newfoundland and Labrador government to change the statute of limitations on child abuse lawsuits, is relieved to be one step closer to the conclusion he sought.

The provincial government passed a law on Tuesday that lifts the statute of limitations for victims of child abuse, including assault and false imprisonment.

This law hampered Whalen's efforts to sue the province over his treatment at the Whitbourne Boys' Home, a youth prison, in the 1970s.

“I'm thrilled. I've been waiting for this for years. Finally something is being done about it,” said Whalen How it happens on Thursday. “Justice has prevailed.”

Whalen estimates that he spent more than 700 days in solitary confinement during his time at the facility. In his lawsuit, he claims he was not allowed to go to school, read books or watch television, and was only allowed to leave his cell to shower and use the bathroom three times a week.

The government reached a class action settlement in 2022 with a group of former inmates at the Whitbourne Boys' Home who claimed they were sexually abused. They were able to pursue their claims because the province has no statute of limitations for institutional sexual abuse cases. However, Whalen could not join the group because his abuse was not sexual in nature.

LISTEN | Jack and Brittany Whalen talk to How it happens about her victory:

In his case, the provincial government claimed that the statute of limitations had expired and he could not be compensated for the trauma resulting from his experiences.

With the changes passed Tuesday, Whalen should be able to take his case to court. His trial is scheduled for October.

His daughter Brittany learned about her father's experiences when she was 16. She asked her mother why her father couldn't help her with her homework and they decided it was time to tell her.

“I couldn't forget it. I kept imagining my father as a teenager, as a child, locked in a cell all alone,” she said. “And I couldn't turn my back on that and I really don't understand how anyone could. I knew that someone had to take this to court, to give this 13-year-old boy a voice, and I felt like that had to be me.”

Brittany, Jack and Glennis Whalen have been fighting for several years for the provincial government to change the statute of limitations law. For the past 11 months, they have made their fight public. (Ryan Cooke/CBC)

Brittany Whalen became a lawyer with the goal of helping her father, but the law was against her due to the statute of limitations. Now that that's cleared up, she's excited to move the case forward.

“I am of course glad that the changes to the statute of limitations have been made,” she said. “A sense of relief. We were prepared to challenge the law in court, invoking the Charter of Rights and Freedoms. I am glad it did not come to that, but there is certainly still a lot of work to be done.”

Work must also be done quickly. Jack Whalen was diagnosed with cancer in the middle of his year-long protest against the provincial government. The treatment was taxing on his body, but his mind was focused on his legal battle.

“It's been a very long journey and a difficult process mentally, physically and emotionally, and I just want him to be able to focus solely on his healing and recovery,” Brittany Whalen said.

Jack Whalen said he would like compensation for his family if his health continues to deteriorate.

“It took a long time,” he said.

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