The contentious question of whether the Roman Catholic Church can be sued for sexual assaults committed by its priests remained muddled Thursday as the Supreme Court of Canada declined to rule on the matter.
In a 9-0 judgment, the court said the evidence before it was too weak to allow a definitive ruling on what it termed an "important and difficult question."
The issue before the court was whether the church as a whole - not just the individual priest and his diocese - can be held legally liable in such matters.
The case centred on assaults committed by Newfoundland priest Kevin Bennett during nearly three decades, beginning in the 1960s.
He admitted his guilt and was sentenced to four years in prison in the early 1990s. Now retired and in his 70s, Bennett continues to draw a church pension.
His 36 victims launched a civil suit in 1991, claiming damages from Bennett, some of his church superiors, the western Newfoundland diocese of St. George's and the Church as a whole.
A trial judge ruled that legal liability extended to Bennett, Bishop Raymond Lahey, former St. John's archbishop Alphonsus Penney and the diocese of St. George's - but not to the entire Church.
The Newfoundland Court of Appeal upheld the liability of Bennett and the diocese, but cleared Lahey, Penney and the overall Church.
Unlike many other religious denominations, which are incorporated nationally, the Catholic Church in Canada is legally incorporated at the diocese level and has traditionally enjoyed immunity from lawsuits.
That arrangement has complicated efforts to reach legal settlements for victims of sexual abuse at aboriginal schools.
The federal government intervened in the Bennett case to argue the Church should be liable, while the Canadian Conference of Catholic Bishops argued its immunity should be maintained.