The Supreme Court of Newfoundland and Labrador says a sexual harassment case involving the Pierre Elliott Trudeau Foundation and a former Northwest Territories premier should be heard in the foundation's home province. Kathryn Marshall, Smiley's lawyer, argued that if the trial had to play out in Quebec, it could sink the case. Marshall poses for a photo at the Newfoundland and Labrador Supreme Court, in St. John's, Tuesday, June 6, 2023. THE CANADIAN PRESS/Sarah Smellie
ST. JOHN’S, N.L. – The Supreme Court of Newfoundland and Labrador says a sexual harassment case involving the Pierre Elliott Trudeau Foundation and a former Northwest Territories premier should be heard in Quebec.
In a ruling released today, Justice Peter Browne says the case will face fewer procedural barriers if it is held in Quebec than in 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 Trudeau Foundation program.
Smiley filed her statement of claim with the Newfoundland and Labrador Supreme Court in March 2022, but lawyers for the Montreal-based foundation argued that it should be heard in Quebec.
Kathryn Marshall, Smiley’s lawyer, argued that the case could end if it’s held in Quebec because her client likely can’t afford the cost of translating documents into French or find a French-speaking lawyer.
Browne says that while Smiley may face “additional costs and inefficiencies” in Quebec, they would not necessarily end her claim.
This report by The Canadian Press was first published July 20, 2023.
