Lawyer argues against moving proceedings to Quebec, stating the alleged misconduct took place in Newfoundland and Labrador, so the case should be heard there
A lawyer is accusing the Pierre Elliott Trudeau Foundation of trying to delay and ultimately quash a sexual harassment lawsuit by attempting to move the proceedings from Newfoundland and Labrador to Quebec.
Marshall called it “very unusual” for the court’s jurisdiction to be challenged, especially when the misconduct is alleged to have occurred in the province. “I believe in this case, it is a tactic on the Trudeau Foundation’s part to delay and cause Cherry Smiley to just give up,” she said in an interview during a break in the hearing.
Marshall argued that the alleged sexual misconduct is at the centre of the case, not the scholarship or its contracts. “I think we cannot ignore the massive inequality between the parties when it comes to access to financial resources,” Marshall said. The lawsuit names Kakfwi and the Trudeau Foundation as defendants. It says that during a three-day Trudeau Foundation event in St. John’s, Kakfwi twice pulled Smiley close to his body and “grabbed her upper arm near her breast.” It says he then squeezed and massaged her arm “for an extended period.” He also repeatedly invited her to his home in Yellowknife, once while holding her upper arm, according to the statement of claim.
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