Pierre Trudeau Foundation denies liability in alleged sexual harassment involving former N.W.T. premier

The Pierre Elliott Trudeau Foundation is claiming that a lawsuit filed by a former member of their scholarship program is without merit. 

The foundation has applied to have the case dismissed or stayed on the grounds of it being filed in the wrong jurisdiction.

Cherry Smiley was enrolled in the foundation's mentorship program from 2017 to 2020. 

She alleges that her mentor in the program, former N.W.T. Premier Stephen Kakfwi, sexually harassed her. She is suing the foundation for $1.25 million for breach of contract, breach of confidentiality and damages for the way they handled her complaint. 

Kakfwi himself is not being sued and none of the allegations have been proven in court. 

In her statement of claim, Smiley said the sexual harassment took place at a conference the foundation put on in St. John's, N.L., in 2018 for mentors and scholars. 

She described Kakfwi touching her arm suggestively and issuing multiple invitations for her to visit him in Yellowknife. 

Smiley said the interaction left her feeling "shaken, distressed and upset."

She further alleges that after conveying "confidential information about her complaint," to representatives of the foundation, one representative disclosed details of the complaint in an email to members of the foundation across Canada. 

She said this breaches the scholarship contract and its duty of confidence. 

Smiley is asking the court to order the foundation to pay her $500,000 in damages for breach of contract, $500,000 for breach of confidence and $250,000 in punitive damages.

Province has no 'meaningful connection to the events'

Smiley filed her application in the Supreme Court of British Columbia on May 19, 2021.  

The foundation filed a response on Dec. 15, 2021 alleging Smiley's claim is "invalid." It claims that since British Columbia's court does not have jurisdiction over the foundation, the claim should be dismissed or stayed.  

"The only connection between Ms. Smiley's claims and British Columbia is her residence here," the foundation states in its response. 

It points out that the events Smiley alleges took place in Newfoundland and that of the seven foundation's representatives mentioned in the claim, none are in British Columbia. Five of the seven representatives are located in Montreal, with one in Ottawa and one in London, England. 

"None of the witnesses to be called at trial (except for Ms. Smiley) reside in British Columbia. Even Ms. Smiley's lawyer is from Ontario," The foundation's response states. 

If the court chooses not to dismiss the case, the foundation suggests it be moved to Quebec and it is calling on Smiley to pay the costs for its application.

"Fairness, efficiency and justice require that this claim be heard in Quebec."

"The serious issues raised by Ms. Smiley's claim deserve to be heard by a court with proper territorial jurisdiction, and in a province that has a meaningful connection to the events." 

Denies all liability

The foundation's response focuses solely on the issue of jurisdiction. 

In an emailed statement to CBC News, however, the foundation "denied any liability in connection with the claim [Smiley] made."

"Even though the foundation has strong grounds for defending itself against this proceeding, it also believes that the Courts of the Province of British Columbia do not have the requisite jurisdiction to hear Ms. Smiley's claim." 

Smiley's lawyer Kathryn Marshall called the foundation's response "a delay tactic."

"I think that this is a bullying tactic on the part of the foundation," she said. "The foundation has told me they want to fight the case, but they're not doing that. We want to get on with it."

In response to the foundation's claim that Smiley should pay their costs, Marshall said: "we will be paying no costs."

"We are never giving up. We're going all the way."

Kakfwi, reached by phone, declined to comment.

Disclosure: Stephen Kakfwi is married to Marie Wilson, who is a member of the board of directors of CBC/Radio-Canada.