Natasha Seymour was sexually abused multiple times while growing up.
She stayed silent.
In 2016, she was sexually assaulted at a party. That would become the catalyst for Seymour to decide she would no longer be a survivor without a voice.
It was a course of action that would result in a precedent-setting court case, confirming womenB次元官网网址檚 sexual consensual rights, and worth hundreds of thousands of dollars in damages awarded in her favour.
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Jan. 23, 2016. Dease Lake, a remote community of 500 people in northwest B.C., is hosting a hockey tournament at its arena.
One of the visitors is Seymour, a then-29-year-old teacher at the Klappan Independent School in Iskut, a smaller community 85 kilometres south of Dease Lake.
After a visit to the tournamentB次元官网网址檚 beer garden, Seymour went to a house party with a cousin and her best friend Candice Quock, the eveningB次元官网网址檚 designated driver. Among the party-goers was Shayl Nole, a then-18-year-old relative with whom Seymour shares a grandparent.
Around 4 a.m., Quock attempted to take her intoxicated friend home. But Seymour was still in a party mood, so Quock left. Not long after, Seymour found an empty bedroom and went to sleep, fully clothed.
When she woke up, her clothes had been removed and beside her in the bed was Nole, naked.
Seymour doesnB次元官网网址檛 remember anything, but told Quock when she arrived shortly after she was afraid something happened between her and Nole. She declined to go to the hospital.
Later at the arena, NoleB次元官网网址檚 mother Kimberly Marion confronted them publicly, accusing Seymour of having an inappropriate relationship with her son.
Those are the condensed facts of what transpired on the evening of Jan. 23 and the following morning, as determined by B.C. Supreme Court Justice Palbinder Kaur Shergill, who presided over a civil suit Seymour brought against Nole for sexual battery and Marion for defamation.
B次元官网网址淭he reason I wanted to do all of this, and then eventually share my story, (is) because I wanted to help other women,B次元官网网址� Seymour told The Interior B次元官网网址.
B次元官网网址淚t says in the final decision that it was a precedent-setting case, and that thereB次元官网网址檚 no case like it. But in the real world, there are many that are like mine. There are many women who have fallen asleep at a party or fallen asleep in their own home, and this happened to them.B次元官网网址�
A SIX-YEAR ORDEAL
The next six years were a long ordeal that took a toll on SeymourB次元官网网址檚 mental health.
Shortly after the incident, Marion complained to the Klappan school principal about Seymour having sexual relations with her son while he was underage. In March 2016, Seymour found out she was under investigation by the Teacher Regulation Branch (TRB) of the education ministry.
At the beginning of the 2016-17 academic year, she had moved to the Sxoxomic Elementary School at Alkali Lake. But shortly after she was interviewed by the TRB investigator, she left that job due to depression and anxiety.
In April 2017, she finally filed a complaint against Nole with the RCMP, but nothing ever came of the investigation.
A month later, the TRB exonerated Seymour, saying there was no B次元官网网址渘o reasonable prospect the TRB report or complaint will result in an adverse finding by a panel.B次元官网网址�
In September 2017, she went back to teaching, at the Kispiox Community School, but would not finish out the year.
Having had no success with the police, Seymour turned to Smithers lawyer Ian Lawson. In January 2018, they filed a civil suit seeking damages against Nole for sexual battery and Marion for defamation.
B次元官网网址淚t was very challenging B次元官网网址� I was able to see all of (MarionB次元官网网址檚) lies on paper and that was very stressful. But for being a part of a close-knit community, it was very challenging B次元官网网址� the litigation process, itB次元官网网址檚 so lengthy.B次元官网网址�
Before the 2017-2018 academic year was over, she would once again resign from teaching.
B次元官网网址淚 learned that I was bipolar and I was carrying a lot because I was going through the legal process B次元官网网址� to be a teacher and to take care of anywhere from 14 to 21 children. I couldnB次元官网网址檛 do it.
B次元官网网址淚B次元官网网址檝e been learning to walk into worlds of being an Aboriginal woman and having my culture and then having the education world at the same time. And then all of a sudden, itB次元官网网址檚 like another world came into my life. And that was learning how to walk with my trauma B次元官网网址� that is a very huge mountain to climb.B次元官网网址�
She did return to teaching as a special education teacher at the Gitsegukla Elementary School for the 2019-2020 academic year, but her position was cut due to the pandemic.
At the time of the trial, which took place over three weeks in the fall of 2021 at the provincial courthouse in Smithers, Seymour was working as a truck driver at the Red Chris gold mine, a job she found easier to manage during her healing journey than teaching.
THE SEXUAL BATTERY CLAIM
Shayl Nole never denied that he and Seymour had sex on the morning of Jan. 24, 2016.
At issue was whether Seymour had given consent or whether Nole had a reasonable belief in consent.
Justice Shergill noted that the only evidence the encounter was consensual was NoleB次元官网网址檚 testimony that Seymour had initiated it at about 1 a.m. and had been a drunk, but happy participant. This was rejected by the judge as being unreliable, and contradicted by NoleB次元官网网址檚 defence witnesses and SeymourB次元官网网址檚.
Shergill found SeymourB次元官网网址檚 testimony that she had not given consent to be credible, and given her state of intoxication, would have been unable to provide consent and would not have if she had been able.
On the issue of whether Nole had a reasonable belief in consent, the defence relied on NoleB次元官网网址檚 contention that he and Seymour had known each other for many years and had been involved in a sexual relationship since he was 15; that they had been acting romantically toward each other at the party prior to the incident; that she actively participated in the sexual encounter; and that she failed to seek assistance from two other party-goers who had allegedly walked in on them.
Having already found NoleB次元官网网址檚 testimony and that of other defence witnesses to be not credible, the judge concluded he did not have a reasonable belief in consent.
For the sexual battery, Seymour sought an unspecified amount for psychological injuries including depression, psychosis, panic attacks, post-traumatic stress, anxiety, and loss of self-esteem as well as damages for past and future loss of income.
Shergill noted a significant pre-existing condition due to SeymourB次元官网网址檚 history of adverse childhood events, multiple sexual traumas, anxiety and depression, and excessive alcohol consumption.
For the battery, the judge awarded Seymour $100,000. For the resulting psychological damages, the judge sided with the defence view that because of the pre-existing condition NoleB次元官网网址檚 responsibility was diminished.
Shergill held Nole responsible for only 20 per cent of the injuries, concluding B次元官网网址渢here is an 80 per cent likelihood that Ms. Seymour would still have suffered the injuries.B次元官网网址�
The award for psychological injuries was $25,000. The judge also found Nole responsible for 45 per cent of past income losses of $138,461 awarding Seymour $62,300.
Shergill also awarded $85,000 for potential future earnings loss, due to the fact the disruption in SeymourB次元官网网址檚 career set her back in seniority.
THE DEFAMATION CLAIM
In the claim against Kimberley Marion, Seymour sought damages for several instances of alleged defamation.
The claim alleged Marion made statements about Seymour, who was present at the arena on Jan. 24, in front of witnesses that suggested Seymour had been in an inappropriate relationship with a minor who was a blood relative and had used her influence as a teacher to B次元官网网址済roomB次元官网网址� him for the purpose of sexual assault.
Although the judge dismissed that a reasonable person would draw those particular inferences, she concluded Marion had said, B次元官网网址渟tay the f*** away from my son B次元官网网址� I donB次元官网网址檛 want you with my son (and) heB次元官网网址檚 younger than youB次元官网网址� during the confrontation.
Shergill found the incident defamatory, saying: B次元官网网址淚t is reasonable to assume that such words B次元官网网址� would tend to lower the plaintiffB次元官网网址檚 reputation. This is particularly the case given Ms. SeymourB次元官网网址檚 occupation and profile in the community.B次元官网网址�
The suit also claimed defamation related to statements Marion made to the principal of the Klappan Independent School and the TRB investigator that Seymour was seen B次元官网网址渕aking outB次元官网网址� with MarionB次元官网网址檚 17-year-old son at a wedding reception dance in Telegraph Creek; Seymour was in a position of being a teacher and behaving inappropriately (specifically a Snapchat video in which the defendant said Seymour was dancing suggestively); and that there were similar incidents that happened between Ms. Seymour and other younger men in the area.
The judge concluded there was no truth to any of the statements. Witnesses at the Telegraph Creek wedding corroborated SeymourB次元官网网址檚 account that it was Nole who had tried to kiss her and that she had pushed him away and told him to B次元官网网址渇*** off.B次元官网网址�
Similarly, Shergill saw no evidence of sexually suggestive behaviour in the video or of Seymour engaging in any way with other young men.
The judge also concluded that Marion knew the statements were false, or at least acted with reckless indifference to whether they were true.
The judge awarded Seymour $30,000 for general damages to her reputation and $20,000 in aggravated damages because she found MarionB次元官网网址檚 actions to be motivated by malice.
The awards total $322,300.
Claims against the Iskut First Nation and several associated individuals were resolved prior to trial and Seymour was ordered to pay their legal costs.
The judge dismissed a counterclaim by Nole alleging Seymour had been engaged in an inappropriate sexual relationship with him when he was underage.
Defence counsel Oliver Hanson told The Interior B次元官网网址 via email that neither he nor his clients would be commenting on the decision pending an appeal.
On June 23, Nole and Marion filed the appeal with the B.C. Court of Appeal seeking to have ShergillB次元官网网址檚 decisions set aside, the sexual battery and defamation claims dismissed, and NoleB次元官网网址檚 counterclaim allowed. Failing that, they are seeking to have the damages reduced.
Alternatively, they are asking for a new trial.
MOVING FORWARD
In the meantime, Seymour is moving on with her life with a sense of vindication.
B次元官网网址淚 just felt I felt so validated,B次元官网网址� she said.
B次元官网网址淎nd I felt so grateful because this case will help so many other men and women. And just to be able to make a ripple effect in the culture of violence in that way.B次元官网网址�
She credits her six nephews and a niece for the motivation to keep going.
B次元官网网址淭hatB次元官网网址檚 what really got me through, especially my niece, because I do everything for her. I will do everything I can to provide safety in her world.
B次元官网网址淎nd if I were to have just B次元官网网址� lay down and just let them create these rumours and these lies about me and let them turn the story on me, I would have just felt that I would not have provided a safe world for my niece like that.B次元官网网址�
Seymour is being treated for her mental health issues, has gone through trauma treatment, continues with counselling and found the traditional art of beading, which she said has been therapeutic and transformational.
She returned to the classroom in January in Hazelton.
B次元官网网址淓verything has improved in my life since learning that I was bipolar and working with a doctor who could help me through this journey.B次元官网网址�
She hopes her story will have an impact on the B次元官网网址渃ulture of silenceB次元官网网址� that perpetuates sexual violence in society.
B次元官网网址淚 really want to break that culture. That was brought to us. ItB次元官网网址檚 not our way. It was brought on by colonialism and I just want to shed light on it.
B次元官网网址淚 want to see more women coming forward.B次元官网网址�
