Tuesday 6 October 2020

Legislature claims former Speaker can't sue, according to court documents

 https://twitter.com/DavidRayAmos/with_replies

 

Replying to   @alllibertynews and 49 others
Methinks Higg's lawyer buddy Teddy Baby Flemming and his minions have their work cut out for them as they attempt to argue the very greedy former Liberal Attorney General TJ Burke N'esy Pas?
 

https://davidraymondamos3.blogspot.com/2020/10/legislature-claims-former-speaker-cant.html 

 

 
 
 
 

Legislature claims former Speaker can't sue, according to court documents

Province files statement of defence against Chris Collins's lawsuit over handling of harassment complaint

 

Jacques Poitras · CBC News · Posted: Oct 05, 2020 2:54 PM AT


In a statement of defence filed in Court of Queen’s Bench, the legislature asks the court to throw out Chris Collins’s claim because its handling of the complaint falls within the legislature’s traditional privilege and immunity from legal action. (Hadeel Ibrahim/CBC)

The New Brunswick Legislature says it can't be sued by former Speaker Chris Collins over how the institution handled a complaint of harassment against him.

In a statement of defence filed in Court of Queen's Bench, the legislature asks the court to throw out Collins's claim because its handling of the complaint falls within the legislature's traditional privilege and immunity from legal action.

Because of the legislature's "exclusive jurisdiction" over how it disciplines its own members and administers its internal business and proceedings, "the court has no jurisdiction" in the case, the filing argues. 

Even so, the legislature's statement of defence also says the Collins lawsuit is "frivolous, vexatious and without merit" and should be thrown out. 

Collins is also suing former Premier Brian Gallant. The former Speaker is not alleging defamation but breach of employment contract, breach of privacy and abuse of authority. 

Harassment complaint

The former Moncton MLA's lawsuit accuses Gallant and his staff of orchestrating the revival of an unfounded harassment complaint against Collins by an unnamed female former employee of the legislature under the then-Speaker's authority.

A 2018 investigation found the complaint was "founded in part" and Collins later offered what he called a "complete and unreserved apology" in front of reporters.

Collins was first elected as Liberal MLA in a by-election in Moncton East in 2007 and was re-elected in 2010 and 2014. When the Liberals took power in 2014 he became Speaker.

According to his statement of claim, he made comments to the employee that he considered "humorous and inoffensive" but that were "perceived as inappropriate." He also said 77 of the 80 allegations against him were unfounded.

Collins is also suing former premier Brian Gallant. The former Speaker is not alleging defamation but breach of employment contract, breach of privacy and abuse of authority. (CBC)

The legislature says in its statement of defence that its handling of the Collins complaint was "appropriate and balanced the rights" of Collins and the complainant. 

But it won't have to litigate the substance of the lawsuit if the court accepts the argument that the legislature can't be sued at all over its internal business--a centuries-old convention intended to protect elected members from interference by the Crown or the courts. 

Earlier this year the Ontario Court of Appeal cited the concept when it threw out a lawsuit by Senator Mike Duffy against the Senate over its investigation of his expense claims.

Maxime Faille, one of the lawyers who represented the Senate in the case, says the principle originated centuries ago to protect elected members from arrest or reprisals by the monarch.

"Parliamentary privilege originated from those early growing pains of democracy to protect this cardinal principle of democratic life, which is the separation of powers between the executive and Parliament," he says.

"There's a sphere of activity … that are considered to be the exclusive preserve of Parliament, and within those spheres the executive branch and the courts do not have the authority to interfere." 

That includes how elected members are disciplined for their behaviour, the heart of the Duffy case. The Ontario appeal court ruled that the Senate investigation fell within its "established parliamentary privilege to discipline its members" and the court had no grounds to interfere.
 

About the Author

Jacques Poitras

Provincial Affairs reporter

Jacques Poitras has been CBC's provincial affairs reporter in New Brunswick since 2000. Raised in Moncton, he also produces the CBC political podcast Spin Reduxit.

 
 
 
 
 
16 Comments
Commenting is now closed for this story.
 
 
 
 
 
 
David Amos
Surprise Surprise Surprise
 
 
David Amos
Reply to @David Amos: I wonder if anyone wondered why I didn't Boo in July

Ex-premier Brian Gallant denies targeting career of former Speaker Chris Collins
Gallant and provincial government file joint statement of defence to lawsuit by former Moncton Centre MLA
CBC News · Posted: Jul 03, 2020 4:04 PM AT
 
 
 
 
 
 
 
David Amos
Methinks Higg's buddy Teddy has his work cut out as he attempts to argue a former Liberal AG N'esy Pas?
 
 
 
 
 
 
 
 
 
 
 
 
 
JOhn D Bond 
A strong offence does not translate into a good defence. Sounds like Collin's is trying to sue for something that the courts do not have jurisdiction on. Or the article perhaps doesn't have all the facts of the case. Either way will be interesting to see what transpires
 
 
David Amos
Reply to @JOhn D Bond: Methinks that is an understatement particularly if Collins finally decides to ignore his lawyer and act ethically for a change in order to admit that he and Gallant knew my lawsuit existed out of the gate in 2015 N'esy Pas?
 
 
Lou Bell
Reply to @David Amos: You must be a multi millionaire whatwith all the lawsuits you've won over the years ! Or are you ???????????????
 
 
JOhn D Bond
Reply to @David Amos: Lets see as you were not mentioned in the article I will restrict my comments only to what was reported, not what is on the peripheral of the story.
 
 
David Amos
Reply to @JOhn D Bond: How many times have you seen me mentioned by any corporate media even though I ran for public office 7 times and sued the Queen?

Methinks you act just like the lawyer McKee who beat Collins in the 2018 election which i ran in as well Ask yourslf why Mckee is still trying hard to play dumb to this very day. Well anyone lawyer or not can Google their names and mine N'esy Pas?
 
 
David Amos
Reply to @Lou Bell: Why can you slander me but i cannot reply?
 
 
Rob Sense
Reply to @JOhn D Bond:
With him it is always peripheral
 
 
David Amos
Reply to @Rob Sense: Trust that I am still waiting for my reply to your pal to appear
 
 
Rob Sense
Reply to @David Amos:
Not that i would ever agree with @Lou Bell (Leonard McL) but what exactly did he call you that amounts to slander??
 
 
David Amos
Reply to @Rob Sense: Lou Bell uses her real name. Methinks its not wise for a tr o ll who loves o tease me to think me dumb enough to slander myself so he can get his rocks off If you truly seek the truth just ask your buddies in the RCMP of the many offenses or surf the internet with our names N'esy Pas?
 
 
Rob Sense
Reply to @David Amos:
Right! Whatever you said (please decypher the verbal diarrhea). I will convene all my RCMP buddies. We usually smoke pot and play cards on Monday anyways.
 
 
David Amos
Content disabled
Reply to @Rob Sense: Say Hey to the all fellas at the Masons Lodge tonight particularly the ones who are not cops or lawyers Some of them are pretty decent dudes like my Father was
 
 
David Amos
Content disabled
Reply to @Rob Sense: I would lay odds I know what lodge you dudes were at tonight
 
 
David Amos
Reply to @David Amos: It appears I struck nerve
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Fred Brewer
When the government tries desperately (like this instance) to get a claim dismissed it usually means they are afraid of losing and will try any and all measure to avoid court.
 
 
David Amos
Content disabled
Reply to @Fred Brewer: Methinks you really should check my work N'esy Pas?




https://www.cbc.ca/news/canada/new-brunswick/brian-gallant-province-defence-chris-collins-lawsuit-speaker-1.5636642


Ex-premier Brian Gallant denies targeting career of former Speaker Chris Collins

Gallant and provincial government file joint statement of defence to lawsuit by former Moncton Centre MLA

 

CBC News · Posted: Jul 03, 2020 4:04 PM AT


Former premier Brian Gallant has said he looked forward to the chance to 'dispel false claims' made in the allegations against him. (CBC)

Former Liberal premier Brian Gallant denies he abused the power of his office and engaged in unlawful conduct to hurt the career of the former Speaker of the New Brunswick legislature Chris Collins.

Gallant and the provincial government filed their joint statement of defence with the Court of Queen's Bench in Fredericton Friday to the lawsuit by Collins in May.

Collins, the former Liberal MLA for Moncton Centre, alleges he was the victim of harassment charges spurred on by Gallant's desire to punish him for being too independent.

In his statement of claim, Collins said allegations by a staffer he calls Jane Doe were originally dismissed by Gallant in 2016 as unfounded.

But he alleges that after he refused to do Gallant's bidding by letting a Liberal motion be debated in the legislature in February or March 2018, the accusation was revived and publicized to force him out.  

Collins was suspended as Speaker, pending an independent investigation, which meant he wasn't allowed to run as a candidate for the Liberals in his riding in that fall's provincial election. He ran as an independent and lost to Rob McKee.

Collins is suing for breach of employment contract, breach of privacy and abuse of authority. None of the allegations have been proven in court.

The province and Gallant, in their statement of defence, ask for the court action to be dismissed with costs.

"As to the whole of the statement of claim, the province and Mr. Gallant say that at all material times the province and/or Mr. Gallant acted lawfully, appropriately, in the public's best interest and in consultation with members of the Executive Council and senior government officials," the document states.

Chris Collins apologized in 2018 at the foot of the legislature with his wife, Lisette Richard, standing behind him, for something he said to a former employee of the legislature, which was deemed to be a partial violation of sexual harassment rules. (Hadeel Ibrahim/CBC)

"Any statements made, or actions taken by Mr. Gallant, public or otherwise, were true and/or made in relation to a matter of public interest and, in the alternative, are protected by the principles of qualified privilege and/or fair comment."

The legislative assembly is also named as a defendant in the lawsuit. It has not yet filed a statement of defence.

A date for the case to be heard in court has not yet been set.

Didn't encourage complainant to file

In the statement of defence, Gallant denies being aware of the woman's allegations against Collins in 2016.

He also denies that he had a close personal relationship with the woman, who has never been identified publicly, or that he encouraged "Ms. Doe" to file the complaint against Collins in 2018.

Gallant contends he has never seen the complaint or the investigative report.

77 of 80 allegations deemed unfounded

The legislative administration committee, made up of MLAs from all parties, has said the investigation by Leslie H. MacLeod, an adjunct professor at Osgoode  Law School, concluded the allegations were "founded in part."

In July 2018, Collins offered a "complete and unreserved" public apology, though he said the "overwhelming majority" of the allegations against him had been deemed unfounded.

He said he had made comments to the employee that he considered "humorous and inoffensive" but that were "perceived as inappropriate."

According to his statement of claim, 77 of 80 allegations were deemed unfounded, while two instances of abuse of authority and one of harassment were deemed to have violated the harassment policy.

The investigation concluded the harassment allegation was founded "on the balance of probabilities," the court document states.

Quit party of own volition

Although Collins blames Gallant's actions for his 2018 election loss, the statement of defence notes Collins was able to "fully participate" in the general election as a candidate for Moncton Centre,

In addition, he quit the Liberal Party and/or the Liberal caucus prior to the election of his own volition, it states. He had been suspended only pending the outcome of the independent investigation.

"Had the plaintiff not quit and/or there had been no suspension, there was no guarantee that the plaintiff would have been the Liberal candidate for Moncton Centre, or any other riding, as the party had an open nomination policy for the general election."

With files from Jacques Poitras

 


 
36 Comments
Commenting is now closed for this story.   
 
 
 
 
Matt Steele
Gallant was well known to throw hissy fits when anyone challenged him ; and if anything went wrong , he was always quick to blame others for his bad decisions . So it is not really surprising that Gallant would throw Collins under the bus if Collins questioned Gallant's authority 
 
 
Richard Dunn
Reply to @Matt Steele: I think the picture CBC used actually is a very telling one, he looks very angry.
 
 
 
 
 
 
 
 
Matt Steele
At this point , does ANYBODY believe anything that Brian Gallant says as his credibility is next to none . Gallant certainly abused his position , and the province's finances , in his ONE term as Premier ; and now the taxpayer ends up paying for his mess again . Gallant is like Frank McKenna as N.B. just can't seem to get rid of them .
 
 
Jos Allaire
Reply to @Matt Steele: So you believe Chris Collins?
 
 
 
 
 
 
 
Jack Straw
The problem with Brian Gallant s version of his story is that he did the same thing to the staff of Service New Brunswick when he ramrodded the new assessment system through. If I recall correctly some seniors not knowing better or too intimated to fight the government were simply going to pay up. Gallant being the man he is blamed the senior staff at SNB instead of accepting blame himself. Reminds me of a guy currently running the U S A. It s always someone else's fault. Gallant is an embarrassment to hard working, decent New Brunwickers.Hopefully he 'll leave the Province with his joke new job and not come back. It s no wonder this Province is in the mess it is when we elect individuals like Brian Gallant. I guess we deserve it.
 
 
 
 
 
 
 
Marc leblanc
The Murphy/Collins email was deliberately leaked to the media by the liberal elite to destroy Murphy's reputation.There's no doubt in my mind everyone knew exactly what the outcome would be and were deliberate in their actions 
 
 
 
 
 
Shawn Tabor
Infighting in the party and the taxpayer is on the hook for the bill I am guessing. WOW as the world turns.






 

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