Woman alleges in lawsuit that former Manitoba, national grand chief Fontaine sexually assaulted her as teen in 1970s

A prominent national and local Indigenous leader has been accused of sexually assaulting a woman when she was a high school student more than half a century ago.

In a statement of claim filed in Manitoba Court of King’s Bench earlier this year, a woman alleges Phil Fontaine, a former chief of Sagkeeng First Nation and national chief of the Assembly of First Nations, used his position through the Sagkeeng Education Authority to sexually assault her during a school trip he organized when she was a student at Sagkeeng Anicinabe High School.

The woman is suing, through a Vancouver-based law firm that specializes in historical sexual abuse cases, both the Sagkeeng Education Authority and Fontaine himself for unspecified general, special, punitive and aggravated damages, as well as the costs of past and future health-care services.

She alleges Fontaine’s actions affected her in several ways, including being left with severe physical pain, post-traumatic stress disorder, mental anguish, depression, addiction, sexual dysfunction and dropping out of school.

The woman claims through the years she suffered loss of earnings, loss of opportunity to earn income and had a shortened working life. She also says she has needed, and will continue to indefinitely need, medical and psychological treatment and spiritual counselling.

“(Fontaine) was, as a result of his position with the school authority, able to take advantage of the plaintiff under the guise of conducting the activities of an agent,” the court document says.

“(Fontaine) was able to gain access to the (teen) and was afforded an opportunity to foster a trusting relationship with the (teen) and engage in the aforementioned behaviours for a considerable period of time and, thereby, the school authority put the (teen) at risk of being abused by (Fontaine).”

Fontaine could not be reached for comment.

Fontaine, 81, was born at Sagkeeng First Nation and went to residential schools in Sagkeeng and Winnipeg. He made national headlines in 1990 when he disclosed he suffered abuse at the Sagkeeng school.

He was elected Sagkeeng chief in 1973 and served two terms before he took a job with the federal government in the Yukon.

Fontaine was elected three times as grand chief of the Assembly of Manitoba Chiefs and served three terms as grand chief of the Assembly of First Nations.

He negotiated the $5-billion Indian Residential Schools Settlement Agreement, which resulted in the formation of the Truth and Reconciliation Commission, and, in 2009, he met with Pope Benedict XVI to urge the Catholic Church to apologize for the abuse of children in residential schools.

Fontaine is married and has a son, daughter and seven grandchildren.

Meanwhile, in a statement of defence filed in July, the school authority denies the allegations.

“At all material times, it operated in full accordance with all expected and applicable standards, procedures, regulations and statutory authority and denies any breach,” the school authority claims.

As well, it says that while Fontaine was elected Sagkeeng chief around 1973, “at no time was Fontaine an employee, servant or agent” of the authority.

“(The school authority) denied that it granted a position of power to Fontaine and denies that it is responsible for the alleged conduct of Fontaine.”

As for the woman’s injuries and damages, the school authority claims they may have happened to her through “events, genetic factors, family influences, illnesses, accident and other factors.

“The plaintiff has exaggerated the nature and extent of her injuries, loss or damage that she may have sustained… (she) has failed to act reasonably to mitigate any injury, loss or damage that she may have sustained.”

Fontaine has not filed a statement of defence and the allegations have not been proven in court.

kevin.rollason@freepress.mb.ca