A sexual harassment case filed against the Pierre Elliott Trudeau Foundation will have to be heard in Quebec, the Newfoundland and Labrador Supreme Court ruled.
The ruling sided on behalf of the foundation, which has argued against the jurisdictional claims made by the applicant and her lawyers.
For years, Nlaka’pamux Nation and of the Dine’ Nation member Cherry Smiley has pursued a lawsuit against the organization and former Northwest Territories premier Stephen Kakfwi for allegedly sexually harassing her during a conference while she was in its mentorship program.
Smiley’s lawyer Kathryn Marshall has argued that the case should be heard where the alleged events took place, but the Trudeau Foundation disagreed.
“None of the parties has a substantial connection to Newfoundland and Labrador,” argued Justice Peter Browne.
“The only connecting factor is that the parties were participants in a meeting held here in the summer of 2018.”
Marshall has said that filing a case in a Quebec court would bear extra costs for Smiley and would require her to get a French-speaking lawyer.
“The Trudeau Foundation has refused to do the right thing from Day 1,” said Marshall.
“This is their responsibility. They failed my client.”
According to Marshall, the length of the court proceedings are re-traumatizing her client, Smiley.
“She’s going to have to completely restart her case in Quebec, a province where she is not proficient in the language. She’s going to have to find a brand-new lawyer, she’s going to have to start from scratch. It’s just not right,” said Marshall.
Smiley is alleging that Kakfwi inappropriately grabbed Smiley and allegedly invited her to his home in Yellowknife.
Kakfwi has denied any sexual contact with Smiley.
