Province loses bid to block former PC minister's legal challenge of firing
N.B. government has already applied to appeal decision allowing inquiry into Margaret-Ann Blaney's firing
New Brunswick Court of King's Bench Justice Thomas Christie ruled that the province wasn't persuasive in its argument that legislation prevented the New Brunswick Human Rights Commission from handling a complaint by Margaret-Ann Blaney, the former head of Energy Efficiency New Brunswick.
As a result, the commission was within its authority to refer Blaney's human rights complaint on to the New Brunswick Labour and Employment Board for an inquiry into her allegations that she was fired from the Crown corporation because of her political beliefs, even though the province had enacted legislation effectively barring her from taking any legal recourse.
"In the present case, the province argues that it intentionally removed from Ms. Blaney, as president of Efficiecy NB (and no other person), the means by which she could seek to uphold her human rights," Christie wrote in his decision.
"In my view, the applicant's position risks being interpreted as intentionally running contrary to the very governing principles that the laws of New Brunswick are meant to uphold."
Christie, in dismissing the province's application, awarded costs of $2,500 to Blaney.
"To be clear, nothing in these reasons should be interpreted as any consideration of the merits of the complaint," Christie wrote.
"That is for the board of inquiry to determine."
According to a notice on the New Brunswick Court of Appeal's website, the province has applied to appeal the decision, and was granted an extension to file the appeal by Jan. 13.
Accusations of political patronage
Blaney, a former Progressive Conservative cabinet minister, was appointed CEO of Energy Efficiency N.B. in 2012 by then-premier David Alward. The appointment triggered a political firestorm, with opposition parties calling it patronage and Blaine Higgs, finance minister at the time, refusing to publicly endorse the decision.
In 2015, the provincial government under former premier Brian Gallant moved to get rid of the Crown corporation, and did so by enacting the Act to Dissolve the Energy Efficiency and Conservation Agency of New Brunswick, which saw the corporation folded into N.B. Power. It also resulted in the dismissal of Blaney from her role as CEO and president.
Blaney was appointed CEO of Energy Efficiency N.B. in 2012 by then-premier David Alward of the Progressive Conservatives. (CBC)
The bill also blocked "any court or administrative body" from hearing a challenge to the dissolution or firing.
After being fired, Blaney filed a complaint with the New Brunswick Human Rights Commission, arguing the Liberal government got rid of the organization and her job because of her PC affiliation.
The province applied to stop the commission from investigating the case, however a judge ruled in March 2021 that it could continue its investigation.
In September 2021, the New Brunswick Human Rights Commission referred Blaney's complaint to the New Brunswick Labour and Employment Board for an inquiry by the quasi-judicial tribunal.
According to Justice Christie, the commission had found sufficient evidence to "support an arguable case of discrimination based on the prohibited ground of political activity and belief."
In December 2021, the province filed its latest application, arguing Blaney's firing wasn't in the commission's jurisdiction.
CBC News asked the New Brunswick Labour and Employment Board how it would respond to Christie's dismissal of the province's application, but did not receive a response before deadline.
Last October, Lise Landry, the board's CEO, confirmed she received the complaint regarding Blaney's dismissal from the commission in September 2021.
She said the board was waiting for a decision on the province's application before proceeding with an inquiry.
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