Chief Raymond Powder demies the allegations against him in a statement of claim filed in March. Photo: Fort McKay First Nation
A chief in Alberta says he is not guilty of historical sexual assault allegations levelled by two men from his First Nation.
Raymond Powder of Fort McKay denies the accusations made by Christopher Grandjamb and Mel Grandjamb in a statement of claim filed in Fort McMurray Court of King’s Bench in March.
The Grandjambs, who are cousins, are suing Powder in a civil suit, which is not the same as a criminal charge filed by a Crown prosecutor. However, the case can still go to trial.
The allegations have not been tested in court and Powder is presumed innocent.
In the statement of claim, Powder is accused of committing acts of sexual assault and sexual battery against the Grandjambs in separate incidents in the late 1970s and early ‘80s, which included “forcible penetration” and “forcible oral sex” all “without consent.”
The plaintiffs allege the offences occurred at different locations in the community when they and the defendant were consuming alcohol.
In his statement of defence, Powder denies any sexual contact with Chris.
But, he says, he did have “one sexual encounter” with Mel, a former chief of Fort McKay, in the early 1980s that “did not occur as alleged” in the statement of claim.
“… It occurred when Mel Grandjamb and the defendant had been drinking together,” the statement of defence said, alleging “it was Mel Grandjamb who initiated the sexual encounter and the defendant, being younger, smaller and somewhat frightened of Mel Grandjamb, did not object.
“The defendant has not pursued a claim against Mel Grandjamb in relation to the sexual encounter,” the statement of defence added, “because his faith has taught him forgiveness and because the sexual encounter occurred over 40 years ago.”
Northeastern Alberta
Fort McKay is located in northeastern Alberta, about 58 kilometres north of Fort McMurray. It is home to approximately 800 Cree, Dene and Métis people.
Under the Criminal Code of Canada, there is no statute of limitations on sex assault allegations.
Chris claims he suffered mental distress and psychological harm as a result of the alleged sexual abuse, including fear, humiliation and substance abuse issues.
He said he has undergone treatment and suffers from a “permanent partial disability” that impacts his ability to earn a living and bond with others.
He is seeking $1 million in general damages and $300,000 in additional damages, along with legal and court costs and whatever a judge would award.
Mel says he suffers from, among other things, shame, flashbacks and loss of enjoyment of life.
He is seeking $200,000 in general damages and $200,000 in other damages, in addition to what a judge would award.
“The plaintiffs request a jury trial … [that they] propose take place in the Regional Municipality of Wood Buffalo [where Fort McKay is situated].”
Powder alleges the suit was brought for political reasons.
“The defendant believes that this action has been brought by Mel Grandjamb and Christopher Grandjamb for political and other reasons, Mel Grandjamb having lost the most recent election for chief at the Fort McKay First Nation to the defendant,” said the statement of defence.
Most recent election
“Members of Mel Grandjamb’s family made similar allegations at the time of the most recent election and attempted to prevent the defendant from running in that election.”
Powder said he is not to blame for psychological or other difficulties alleged by the plaintiffs.
He calls for the claim to be dismissed and the court to order the plaintiffs to cover his legal costs.
A call to the plaintiffs’ lawyer seeking further comment was not returned.
