Former National Chief of Assembly of First Nations has not responded to sex assault lawsuit in Kings Bench Court

A prominent voice in First Nations politics is facing a civil lawsuit claiming damages for an alleged sexual assault in the 1970’s. Former Assembly of First Nations Chief Phil Fontaine and the Sagkeeng Education Authority are named in a statement of claim filed in Court of King’s Bench in Winnipeg May 16. The claim alleges the plaintiff was sexually assaulted by Fontaine, saying he led a school trip in coordination with the Sagkeeng Education Authority (SEA), when the victim “was a child in or around 1970.” The plaintiff claims Fontaine sexually assaulted her and “interfered with her normal childhood and future relationships solely for the purpose of his own gratification…,” and  “willfully and/or negligently inflicted pain and suffering, mental suffering, humiliation, and degradation” upon her. It also alleges Fontaine “used his position of authority and trust, also the fact that the plaintiff was a young child, to ensure that the plaintiff did not tell anyone about his wrongdoing…,” and also “engaged in a pattern of behavior which was intended to make the plaintiff feel that it was unsafe to report” Fontaine’s wrongdoings. The claim asserts that SEA, as a First Nation educational body responsible for the operation of Sagkeeng Anicinabe High School, failed in its duty to protect the student from abuse and is vicariously liable for Fontaine’s actions. ​ Key allegations include the authority “granted Fontaine a position of power and authority, enabling him to prey upon the victim. The claim also alleges the authority “failed to supervise, investigate or discipline Fontaine adequately, creating an environment that allowed the abuse to occur.” The claim also alleges the SEA “breached its fiduciary duty and duty of care to the victim by failing to protect her and fostering a system that discouraged reporting abuse.” As noted in the claim, Fontaine’s alleged actions caused the plaintiff “significant physical, psychological, and emotional harm, including post-traumatic stress disorder, depression, anxiety and loss of enjoyment of life.” The plaintiff is seeking general, special, punitive, and aggravated damages, as well as compensation for past and future healthcare costs, legal costs, and other relief deemed appropriate by the court. ​ The SEA has denied all allegations in its statement of defence and asserts that it’s not liable for the alleged abuse. The authority claims Fontaine was not an employee, servant, or agent of SEA at the time of the alleged abuse. ​ It denies granting him any position of power or authority and asserts that any alleged misconduct was personal and not connected to SEA’s operations. ​ The SEA denies having any actual, constructive, or implied knowledge of the alleged abuse or owing any “fiduciary duty, duty of care, or legal duty” to the claimant and denies that its policies or actions created an opportunity for abuse. ​It’s asking the court to dismiss the alleged victim’s claim with costs. ​ Born in 1944 in Sagkeeng First Nation, 150 km north of Winnipeg, Fontaine would have been in his twenties at the time of the alleged sexual assault. Fontaine went on to lead the Assembly of First Nations for three terms. It was under his leadership that he Kelowna Accord and the Indian Residential Schools Settlement Agreement were negotiated. He’s been lauded as a “devoted advocate for the rights and well-being of First Nations communities,” according to the University of Winnipeg. Fontaine has received a number of awards and distinctions over his political career. He is a member of the Order of Manitoba and has received a National Aboriginal Achievement Award, and was also appointed to the Order of Canada. Fontaine has so far not filed a statement of defence and none of the claims have been tested in court. According to King’s Bench rules if a Statement of Claim is not responded to in Manitoba, it can lead to a default judgement against the defendant, meaning the plaintiff can proceed with collection proceedings without the defendant having a chance to argue their case. APTN News has reached out to Fontaine but has so far not received a reply. Continue Reading