(Saint-Jean) A lawyer accuses the Pierre-Elliott-Trudeau Foundation of trying to delay and ultimately cancel a civil suit for sexual harassment, by asking that the trial take place in Quebec rather than Newfoundland and -Labrador.
Kathryn Marshall of Toronto law firm Levitt Sheikh argued in the Supreme Court of Newfoundland and Labrador on Tuesday that the alleged misconduct took place in that province, so the case should be heard there. -down. Me Marshall represents Cherry Smiley, who claims she was sexually harassed by former Northwest Territories Premier Stephen Kakfwi in Saint John in 2018.
Mr. Kakfwi had been appointed the mentor of Mr.me Smiley as part of a scholarship program offered by the Trudeau Foundation.
Me Marshall called it “highly unusual” for the court’s jurisdiction to be so challenged, especially when the misconduct allegedly took place in that province. “I believe in this case it is a tactic on the part of the Trudeau Foundation to delay and make Cherry Smiley simply drop” her lawsuit, she said in an interview during a break. hearing on Tuesday.
Me Colm St. Roch Seviour, a Montreal-based foundation lawyer, pointed to the text of the lawsuit itself, which includes the claim that the foundation failed in its duty to protect the plaintiff from the alleged sexual misconduct. This obligation stemmed from the foundation’s agreements and contracts with Mr.me Smiley and with Mr. Kakfwi, all of which are governed by Quebec civil law, argued Mr.e St. Roch Sever.
Me Marshall argued that what is at the heart of this case is the alleged sexual misconduct and not the scholarship or the contracts. She argued that her client would probably have to drop her civil suit if the court were to decide that the trial be moved to Quebec.
She pointed out that her client would have to bear heavy costs and suffer emotional turmoil if she had to start all over again, with the search for a French-speaking lawyer, who masters the Quebec Civil Code, and pay for the services of an interpreter.
“She wouldn’t be able […] to hire a Quebec lawyer to team up with me, argued Mr.e Marshall in court. Mme Smiley is a student and the Trudeau Foundation is a leading organization with vast resources, she added.
“I think we cannot ignore the enormous inequality between the parties with regard to access to financial resources,” argued the lawyer.
Me Marshall also said it would be difficult for Mme Smiley to find a lawyer in Quebec to take on his case, given his limited financial resources and the delicate nature of the lawsuit.
Me Koren Thomson, who also represents the Trudeau Foundation, disagreed. “Your choice of attorney is subject to reasonable limits,” she said. I admit that there are difficulties, but it is not an obstacle. »
The lawsuit was originally filed in 2021 with the Supreme Court of British Columbia, where Ms.me Smiley is a member of the Nlaka’pamux Nation and the Dine’ Nation, according to court documents. Lawyers for the Trudeau Foundation objected to the jurisdiction of the court in that province and said the case should be argued in Quebec. Me Marshall agreed to withdraw the case from British Columbia, but filed it with the Supreme Court of Newfoundland and Labrador in March 2022.
The lawsuit names former prime minister Kakfwi and the Trudeau Foundation as defendants. She alleges that during a three-day Trudeau Foundation event in Saint-Jean, Mr. Kakfwi twice lured Mr.me Smiley close to his body and “grabbed his arm close to his chest.” He then allegedly squeezed and massaged her arm “for an extended period,” according to the suit. He also allegedly invited her to his home in Yellowknife on several occasions, once holding her arm.
The document also alleges that some foundation officials accused her of “exaggerating,” pressured her into signing a nondisclosure agreement and defamed her.
In a statement of defense, Mr. Kakfwi denies any contact with Mr.me Smiley which “could be interpreted as being sexual in nature”.
Justice Peter Browne of the Supreme Court of Newfoundland and Labrador said he needed time to consider all the arguments and would issue his written decision at a later date.