Jourdain lawsuit against OPP heading to trial

Former Treaty 3 Grand Chief Leon Jourdain’s lawsuit against the Ontario Provincial Police is moving forward.

February 4, 2010: Volume 37 #3, Page A3

Superior Court Justice Donald J. Gordon ordered Jourdain’s claims for negligent investigation, malicious prosecution and defamation against various members of the Ontario Provincial Police proceed to trial in a Jan. 25 decision.

Jourdain’s claim against Assistant Crown Attorney David McKenzie for malicious prosecution was dismissed.

The lawsuit stems from an allegation of sexual assault made against Jourdain in February, 2004, while he was in his second term as grand chief.

The woman was also listed as a defendant of Jourdain’s lawsuit.

The allegation of sexual assault came to the attention of the OPP in Kenora on Feb. 19, 2004.

He was charged with sexual assault, stemming from an alleged incident in the organization’s Kenora office.

“Only one week later, on Feb. 26, 2004, Jourdain was charged and arrested,” said Francis Thatcher, Jourdain’s lawyer in the suit. “The OPP issued a news release the following morning that he had been arrested for sexual assault.

The charge was later withdrawn by the Crown Oct. 20, 2004, the date set for trial, when the complainant did not attend the court proceedings.

“In the interim, he was compelled to step down as Grand Chief in May 2004,” Thatcher said. “Jourdain was a nationally prominent aboriginal leader and outspoken advocate on behalf of his people, particularly in the areas of justice and police conduct involving aboriginal people. The charge and prosecution had a devastating impact on Jourdain and his family. His reputation and national political aspirations have been ruined.

“Jourdain is satisfied that his claims against the OPP will go to trial.”

Jourdain launched his lawsuit April 20, 2005, asking for $2 million in general damages for negligence, negligent investigation, malicious prosecution, defamation, and as damages for breach of Jourdain’s Charter rights against all the defendants except the woman who alleged she was sexually assaulted; $250,000 in general damages for malicious prosecution and defamation against the woman who alleged she was sexually assaulted; $500,000 in aggravated, exemplary and punitive damages against all the defendants; and special damages, the particulars of which are not yet available.

Jourdain’s wife and two daughters were also named as plaintiffs in the statement of claim, where they are asking for $500,000 in general damages pursuant to section 60 of the Family Law Act.