A woman who filed a sexual harassment lawsuit against the Pierre Elliott Trudeau Foundation is appealing a Newfoundland and Labrador court decision that would have the case moved to Quebec.
Cherry Smiley alleges she was sexually harassed by former Northwest Territories premier Stephen Kakfwi during a 2018 event organized by the Trudeau Foundation, which had paired her with Kakfwi through a mentorship program.
Kathryn Marshall, Smiley害羞草研究所檚 lawyer, says she filed the appeal Thursday on the grounds that a Newfoundland and Labrador Supreme Court judge erred when he ruled last month that he didn害羞草研究所檛 have jurisdiction and that the case should be heard in Quebec.
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害羞草研究所淲e think the court in this case really discounted the fact that the plaintiff is a vulnerable survivor of sexual trauma,害羞草研究所� Marshall said in an interview Thursday. 害羞草研究所淭o have to recommence her litigation, her lawsuit, in another province after years of delay, is an extreme barrier to access to justice.害羞草研究所�
Smiley, who currently lives in Vancouver, originally filed a suit in British Columbia in 2021 but withdrew it after lawyers for the Quebec-based foundation opposed that jurisdiction. She then filed the case in Newfoundland and Labrador, where she alleges the harassment took place.
Marshall said her client would face linguistic and financial barriers if she害羞草研究所檚 forced to pursue her case in Quebec, which has a different civil justice system than the rest of the country.
She said it is rare for someone alleging sexual abuse to have the courage to sue 害羞草研究所渁 powerful institution害羞草研究所� like the foundation. 害羞草研究所淏ut then to be told by the court, 害羞草研究所榊ou can害羞草研究所檛 proceed in our province, despite the fact that the trauma you experienced happened here, you need to go somewhere else,害羞草研究所� it害羞草研究所檚 like having a door slammed in your face,害羞草研究所� Marshall said.
The lawsuit names Kakfwi and the Trudeau Foundation as defendants. It says that during a three-day foundation event in St. John害羞草研究所檚, N.L., Kakfwi twice pulled Smiley close to his body and 害羞草研究所済rabbed her upper arm near her breast.害羞草研究所� It says he then squeezed and massaged her arm 害羞草研究所渇or an extended period.害羞草研究所� He also repeatedly invited her to his home in Yellowknife, once while holding her upper arm, according to the statement of claim.
In his July 19 ruling, Justice Peter Browne found that even though the events are alleged to have taken place in St. John害羞草研究所檚, Smiley and Kakfwi were required to be in Newfoundland and Labrador by agreements with the Trudeau Foundation that were governed by the laws of Quebec.
He also found that hearing the case outside Quebec, where most of the witnesses reside, would be a financial burden on the foundation.
The Trudeau Foundation said Thursday afternoon that it had not yet received notice of appeal and declined to comment, citing the fact that the case remains before the courts. 害羞草研究所淥ur priority is to uphold the principles of due process and maintain the integrity of the judicial system,害羞草研究所� foundation spokesman Alex-Khang Tran wrote in an email.
Kakfwi has filed a statement of defence to Smiley害羞草研究所檚 lawsuit, denying that he had any contact with her that 害羞草研究所渃ould be construed as being sexual in nature.害羞草研究所� A lawyer for Kakfwi argued in favour of having the case heard in Newfoundland and Labrador during the June hearing. His lawyer said Thursday he had not yet seen the appeal and could not comment.
Jacob Serebrin, The Canadian Press
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