The Supreme Court of Newfoundland and Labrador has ruled that a sexual harassment case involving the Pierre-Elliott-Trudeau Foundation and a former premier of the Northwest Territories should be heard in Quebec.
In a decision released Thursday, Judge Peter Browne says the case will face fewer procedural hurdles if it is heard in Quebec rather than Newfoundland and Labrador.
Cherry Smiley alleges she was sexually harassed in June 2018 in St. John’s by former Northwest Territories Premier Stephen Kakfwi, who was her appointed mentor through a Pierre-Elliott-Trudeau Foundation program.
Ms. Smiley filed her statement with the Supreme Court of Newfoundland and Labrador in March 2022, but lawyers for the Montreal foundation argued that the case should be heard in Quebec.
Kathryn Marshall, Ms. Smiley’s lawyer, argued that the case would be jeopardized if it was held in Quebec, as her client was unlikely to be able to afford the cost of translating documents into French or finding a French-speaking lawyer.
Judge Browne says that while Ms Smiley may face “additional costs and inefficiencies” in Quebec, that would not necessarily end her legal action.
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