Former Speaker of N.B. legislature drops lawsuit against province, ex-premier
Brian Gallant says there was ‘no financial settlement’ to end lawsuit by Chris Collins
A former Speaker of the New Brunswick legislature quietly ended his lawsuit against the provincial government and former premier Brian Gallant last year.
Court documents show that Chris Collins, a former Moncton Centre MLA expelled from the Liberal caucus in 2018 over harassment allegations, halted the court action last May.
The filing by his lawyer, Andrew Moss, says Collins "wholly discontinues" the lawsuit and agrees not to pursue the allegations in the future.
In a statement to CBC News, Gallant said "there was no financial settlement in this matter."
Collins said in an email that he dropped the suit because of "the significant financial and mental stress fighting the government had taken" since 2018.
"It is still my position that the government acted inappropriately, but continued litigation against an opponent with unlimited financial resources was not in the best interest of my family," he wrote.
"So I reluctantly decided to put this behind me and focus on helping create better opportunities for New Brunswickers."
In April 2018, Gallant announced the Liberal caucus was removing Collins because of the harassment complaint against him as Speaker from an unidentified employee of the legislature.
Liberal Brian Gallant was premier of New Brunswick from 2014 to 2018. (CBC)
The all-party legislative administration committee commissioned an investigation and later said the complaint was "founded in part," though the report was never released.
Collins later told reporters he was making a "complete and unreserved apology for anything I said that offended the complainant or anyone else," saying he considered his comments "humorous and inoffensive" but to others they were "perceived as inappropriate."
He also said the "overwhelming majority" of the allegations against him had been deemed unfounded. In court filings he said 77 out of 80 were unfounded.
Collins remained in the position of Speaker until the provincial election later that year.
He announced he would not run as a Liberal under Gallant and instead became an independent candidate, placing a distant second to Liberal winner Rob McKee.
His lawsuit against Gallant, the provincial government and the legislature accused them of breach of employment contract, breach of privacy and abuse of authority.
According to Collins, Gallant initially dismissed a complaint from the staffer in 2016, then revived it in 2018 after Collins, as Speaker, wouldn't let the Liberals introduce partisan motions attacking Blaine HIggs, then-Progressive Conservative Opposition leader.
He claimed Gallant's office had the legislature adopt the provincial government's workplace harassment policy so it would apply to MLAs, then encouraged the woman to use it to file the complaint against Collins.
Those allegations by Collins were never proven in court.
In 2021 a judge blocked Collins from suing the legislature, ruling that Canadian precedent prevents the courts from reviewing the institution's internal proceedings, including the disciplining of its own members.
Collins returned to public life in 2022 as the executive director of Canadian Parents for French, which lobbied the Higgs government to abandon a plan to replace French immersion.
That led Collins to interact with some of the Liberal MLAs who had voted to expel him five years earlier.
He said last year the reception he received "was apologetic and it was warm and I appreciated that. … They seemed to know what happened. It was all good."
He said he was "looking forward to having my day in court and getting this over with and putting it behind me and moving on."
According to the court file, Collins asked the court in February 2023 for more time to respond to a government request for more documentation because his lawyer Harold Doherty had "serious health issues" that prevented him from being in court.
Moss took over the case May 12 and filed the notice of discontinuance the same day.
In his statement Tuesday, Gallant said he maintained "that the complainant in this matter had a right for their complaint to undergo an impartial, non-partisan, and independent investigative process given the nature of the allegations that were made — and given the importance of safeguarding the integrity of our democratic institutions."
He said he'd been prepared to go to court to defend that position but was "fine" with the discontinuance.
The province's lawyers were representing Gallant in the case because he held a government position when Collins was expelled.
A spokesperson for the New Brunswick attorney general's office did not respond to a request for comment.
Expulsé puis réadmis à l'Assemblée législative : Kevin Arseneau ne regrette rien
Kevin Arseneau
Radio-Canada
Publié le 2 novembre 2016 à 9 h 05 HAA
Former Speaker Chris Collins claims he was victim of retaliation by Brian Gallant
Last year, Collins apologized in legislature for comments 'perceived as inappropriate'
Jacques Poitras · CBC News · Posted: Jun 17, 2020 1:32 PM ADT
Five years after ouster, Chris Collins is back in the political fray
Former MLA pushed out over harassment in 2018 is now the face of French immersion fight
Jacques Poitras · CBC News · Posted: Jan 31, 2023 7:00 AM AST
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RE Dr. Manoj Bhargava
David Amos<david.raymond.amos333@gmail.com> | Wed, Apr 5, 2023 at 12:38 PM | ||||
To: andrew.moss@mosshacheylaw.com | |||||
---------- Forwarded message ---------- From: David Amos <david.raymond.amos333@gmail. Date: Wed, 5 Apr 2023 12:09:29 -0300 Subject: RE Dr. Manoj Bhargava To: mike@valentlegal.ca, "Mike.Comeau" <Mike.Comeau@gnb.ca>, "kris.austin" <kris.austin@gnb.ca>, "Marco.Mendicino" <Marco.Mendicino@parl.gc.ca>, "Michael.Duheme" <Michael.Duheme@rcmp-grc.gc.ca <martin.gaudet@fredericton.ca> Cc: motomaniac333 <motomaniac333@gmail.com> https://www.cbc.ca/news/ Class action against former UNB psychiatrist withdrawn, mass-tort lawsuit coming, says lawyer Dr. Manoj Bhargava will be named in a new lawsuit alleging sexual assault, Erika Hachey said Aidan Cox · CBC News · Posted: Apr 04, 2023 5:19 PM EDT A man sits in a chair wearing a purple dress shirt and bowtie. Fredericton psychiatrist Dr. Manoj Bhargava was accused in a class action lawsuit of sexually assaulting patients he treated at the University of New Brunswick's health centre. (Facebook) Lawyers have discontinued a class-action lawsuit alleging sexual assault by a former University of New Brunswick psychiatrist toward his patients and say they'll instead file a mass-tort lawsuit. During a case management conference in Fredericton Court of King's Bench Tuesday afternoon, lawyer Mike Dull requested a class-action lawsuit naming Dr. Manoj Bhargava and UNB be withdrawn. Representing the class members, Dull said he was originally scheduled to make submissions to have the class suit certified, but instead wished to abandon that request. "It's not a reflection of how we feel about the merits of the allegations, but rather, it comes about on our full reflection of whether a class proceeding is the preferable procedure in which to advance those merits," Dull said. Lawyers present for Bhargava and UNB consented to the class action being withdrawn. A wide shot of the University of New Brunswick campus during winter. The class action lawsuit alleged Bhargava sexually assaulted students while treating them at UNB's health centre. (The Canadian Press) Bhargava and UNB were originally named in the lawsuit filed in April 2021. It alleged that while he worked as a psychiatrist at UNB Fredericton's Student Health Centre, he touched patients' breasts while checking their blood pressure and heart rate. The class-action lawsuit also alleged that UNB didn't take appropriate steps to ensure the plaintiffs were not subjected to such acts, and that UNB was vicariously liable for the sexual assaults allegedly perpetrated by Bhargava. The university terminated Bhargav's contract in November 2020. The termination and lawsuit came after Bhargava's licence was suspended by the New Brunswick College of Physicians and Surgeons. More defendants could be named: lawyer Erika Hachey, another lawyer for the plaintiffs in the class action, said in an interview a mass-tort lawsuit is being pursued as it better reflects the varied experiences of each complainant. Hachey said some class members alleged Bhargava assaulted them while he was working at other health clinics. 14 people come forward in lawsuit against UNB, psychiatrist accused of sexual assault UNB faces class-action lawsuit for 'systemic failure' to protect students from alleged sexual assault A mass tort will allow plaintiffs to include those varying claims about where Bhargava allegedly assaulted them, Hachey said. "So we are going to include those … new defendants, as well as … the former class members and the new people that had contacted us, and they will all be considered plaintiffs in our new mass tort action," Hachey said. Hachey said a mass tort is also expected to bring a quicker resolution to the case, as there's no need to get the lawsuit certified as is the case with a class action. 18 complaints: College of Physicians and Surgeons The class-action lawsuit originally included 14 members, however, Hachey said she can't say how many people will be named in the new mass-tort lawsuit until they formally provide statements. "I have been advised by some of my clients that there are still people out there that are waiting and have not stepped forward to contact us," she said. "I just want those people to know that this is the time to contact us." In 2021, New Brunswick College of Physicians and Surgeons registrar Dr. Ed Schollenberg said the college had received 18 sexual assault complaints against Bhargava from individual patients. A lawyer for UNB declined an interview request, and Bhargava's lawyer did not respond to a request for comment Tuesday afternoon. ABOUT THE AUTHOR Aidan Cox Journalist Aidan Cox is a journalist for the CBC based in Fredericton. He can be reached at aidan.cox@cbc.ca and followed on Twitter @Aidan4jrn. CBC's Journalistic Standards and Practices
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Re The coverup of the the actions of the Fredericton Police Force, the RCMP and Manoj Bhargava against me
David Amos<david.raymond.amos333@gmail.com> | Tue, Apr 13, 2021 at 9:06 AM |
To: erika.hachey@mosshacheylaw.com, andrew.moss@mosshacheylaw.com | |
Cc: motomaniac333 <motomaniac333@gmail.com> | |
Erika R. Hachey Called to the bar: 2013 (NB) erika.hachey@mosshacheylaw.com Andrew C.W. Moss Called to the bar: 2015 (NB) Email: andrew.moss@mosshacheylaw.com Moss Hachey Law 90 Woodside Lane, Suite 103 Fredericton, New Brunswick E3C 2R9 Phone: 506-449-7544 Fax: 506-300-2072 https://www.cbc.ca/news/ "Referring complaints to police Schollenberg said the college involved the police recently, after suspending Bhargava. "It became apparent that there may be more to this," he said. He said the college asked some of the 18 complainants if they were interested in speaking to the police and passed on their information to the Fredericton Police Force if they said yes. Fredericton psychiatrist suspended by College of Physicians and Surgeons Alycia Bartlette, spokesperson for the Fredericton Police Force, would not confirm whether the police are investigating Bhargava. "In general, we would not confirm whether a specific individual was the subject of a police investigation until such time as charges are laid in court, or there are operational reasons otherwise," she said in an email." >>> From: "Ross, Ken (DH/MS)" <ken.ross@gnb.ca> >>> Date: Wed, 9 Jul 2008 08:43:31 -0300 >>> Subject: Re: Hey Ken Who is Mental Health's and the Hospital in >>> Fredericton's lawyers? >>> To: david.raymond.amos@gmail.com >>> >>> Got your messages Dave. I am in Toronto for meetings and will be back >>> in the office Friday. I will ask Barb Whitenect to follow up with you >>> in the interim. Yes Herby picked up ypur bike a while back. >>> >>> Sent from my BlackBerry Wireless Handheld >>> >>> >>> --- On Wed, 7/9/08, David Amos <david.raymond.amos@gmail.com> wrote: >>> >>> From: David Amos <david.raymond.amos@gmail.com> >>> Subject: Hey Ken Who is Mental Health's and the Hospital in >>> Fredericton's lawyers? >>> To: ken.ross@gnb.ca, Barbara.Whitenect@gnb.ca, MichaelB.Murphy@gnb.ca >>> Cc: rosaire.santerre@gnb.ca, Marc.Pitre@gnb.ca, David.Eidt@gnb.ca, >>> oldmaison@yahoo.com, Judy.Cyr@gnb.ca, t.j.burke@gnb.ca, >>> police@fredericton.ca, Carrie.Levesque@gnb.ca, anne.elgee@gnb.ca, >>> danny.copp@fredericton.ca, jacques.boucher@rcmp-grc.gc.ca >>> Date: Wednesday, July 9, 2008, 3:03 AM >>> >>> KENNETH ROSS, Assistant Deputy Minister >>> Addictions and Mental Health Services / Health >>> Contact Information >>> Phone: (506) 457-4800 >>> Fax: (506) 453-5243 >>> >>> BARBARA WHITENECT, Director >>> Addictions and Mental Health Services / Health >>> Contact Information >>> Phone: (506) 444-4442 >>> Fax: (506) 453-8711 >>> EMail Address: Barbara.Whitenect@gnb.ca >>> >>> >>> Sorry to involve you but lets just say that I am really really pissed >>> off for very justifiable reasons. >>> >>> This should prove to some folks that at least I know how to read. >>> >>> http://www.ahsc.health.nb.ca/ >>> >>> I have no doubt whatsoever that you would more pissed than I am if >>> the malicious bullshit that happened to me last weekend had happened >>> to you. >>> >>> I will try to call you in business hours but I suspect in the end I >>> will wind up arguing this dude in court in short order. (On a lighter >>> note did Herby pick up my bike?) >>> >>> David Eidt >>> Legal Services >>> Office of the Attorney General >>> Tel: (506) 453-3964 >>> Fax: (506) 453-3275 >>> david.eidt@gnb.ca >>> >>> Best Regards >>> Dave >>> >>> >>> These emails and the bullshit from the news last year should to all >>> that I am as serious as a heart attack and far from mentally unstabe >>> but the cops have proven themselves to be monumental liars many times >>> >>> Subject: >>> Date: Tue, 30 Jan 2007 12:02:35 -0400 >>> From: "Murphy, Michael B. \(DH/MS\)" MichaelB.Murphy@gnb.ca >>> To: motomaniac_02186@yahoo.com >>> >>> >>> January 30, 2007 >>> >>> >>> WITHOUT PREJUDICE >>> >>> Mr. David Amos >>> >>> >>> Dear Mr. Amos: >>> >>> This will acknowledge receipt of a copy of your e-mail of December 29, >>> 2006 to Corporal Warren McBeath of the RCMP. >>> >>> Because of the nature of the allegations made in your message, I have >>> taken the measure of forwarding a copy to Assistant Commissioner Steve >>> Graham of the RCMP "J" Division in Fredericton. >>> >>> Sincerely, >>> >>> Honourable Michael B. Murphy >>> Minister of Health >>> >>> CM/cb >>> >>> Warren McBeath warren.mcbeath@rcmp-grc.gc.ca wrote: >>> >>> Date: Fri, 29 Dec 2006 17:34:53 -0500 >>> From: "Warren McBeath" warren.mcbeath@rcmp-grc.gc.ca >>> To: kilgoursite@ca.inter.net, MichaelB.Murphy@gnb.ca, >>> nada.sarkis@gnb.ca, wally.stiles@gnb.ca, dwatch@web.net, >>> motomaniac_02186@yahoo.com >>> CC: ottawa@chuckstrahl.com, riding@chuckstrahl.com, >>> John.Foran@gnb.ca, Oda.B@parl.gc.ca, >>> "Bev BUSSON" bev.busson@rcmp-grc.gc.ca, >>> "Paul Dube" PAUL.DUBE@rcmp-grc.gc.ca >>> Subject: Re: Remember me Kilgour? Landslide Annie McLellan has >>> forgotten me but the crooks within the RCMP have n >>> >>> Dear Mr. Amos, >>> >>> Thank you for your follow up e-mail to me today. I was on days off over >>> the holidays and returned to work this evening. Rest assured I was not >>> ignoring or procrastinating to respond to your concerns. >>> >>> As your attachment sent today refers from Premier Graham, our position >>> is clear on your dead calf issue: Our forensic labs do not process >>> testing on animals in cases such as yours, they are referred to the >>> Atlantic Veterinary College in Charlottetown who can provide these >>> services. If you do not choose to utilize their expertise in this >>> instance, then that is your decision and nothing more can be done. >>> >>> As for your other concerns regarding the US Government, false >>> imprisonment and Federal Court Dates in the US, etc... it is clear that >>> Federal authorities are aware of your concerns both in Canada and the >>> US. These issues do not fall into the purvue of Detachment policing in >>> Petitcodiac, NB. >>> >>> It was indeed an interesting and informative conversation we had on >>> December 23rd, and I wish you well in all of your future endeavors. >>> >>> Sincerely, >>> >>> Warren McBeath, Cpl. >>> GRC Caledonia RCMP >>> Traffic Services NCO >>> Ph: (506) 387-2222 >>> Fax: (506) 387-4622 >>> E-mail warren.mcbeath@rcmp-grc.gc.ca >>> >>> charles leblanc oldmaison@yahoo.com wrote: >>> >>> Where are ya living now???? Since the media seem to ignore ya? I'll >>> sit down for a debate with a recorder for the blog...Now? Don't get >>> all exicted and send this all over the world.....lol >>> >>> ----- Original Message ---- >>> From: David Amos motomaniac_02186@yahoo.com >>> To: brad.woodside@fredericton.ca; whalen@fredericton.ca; >>> david.kelly@fredericton.ca; cathy.maclaggan@fredericton.ca >>> stephen.kelly@fredericton.ca; tom.jellinek@fredericton.ca; >>> scott.mcconaghy@fredericton.ca >>> walter.brown@fredericton.ca; norah.davidson@fredericton.ca; >>> mike.obrien@fredericton.ca; bruce.grandy@fredericton.ca; >>> dan.keenan@fredericton.ca; jeff.mockler@gnb.ca; >>> mrichard@lawsociety-barreau. >>> jlmockler@mpor.ca; scotta@parl.gc.ca; michael.bray@gnb.ca; >>> jack.e.mackay@gnb.ca >>> Cc: news@dailygleaner.com; kcarmichael@bloomberg.net; >>> oldmaison@yahoo.com; advocacycollective@yahoo.com; >>> Easter.W@parl.gc.ca; Comartin.J@parl.gc.ca; cityadmin@fredericton.ca; >>> info@gg.ca; bmosher@mosherchedore.ca; rchedore@mosherchedore.ca; >>> police@fredericton.ca; chebert@thestar.ca; Stoffer.P@parl.gc.ca; >>> Stronach.B@parl.gc.ca; Matthews.B@parl.gc.ca; alltrue@nl.rogers.com; >>> Harper.S@parl.gc.ca; Layton.J@parl.gc.ca; Dryden.K@parl.gc.ca; >>> Duceppe.G@parl.gc.ca >>> Sent: Tuesday, May 22, 2007 10:37:04 PM >>> Subject: I promised one of the Fat Fred City cop Randy Reilly that I >>> would try to make him famous >>> >>> http://www.youtube.com/ >>> >>> A man is only as good as his word EH? To bad priests, bankers, >>> politicians, lawyers and cops can't claim the same N'est Pas >>> >>> http://actionlyme.org/FBI_ >>> >>> FEDERAL EXPRESS February 7, 2006 >>> >>> Senator Arlen Specter >>> United States Senate >>> Committee on the Judiciary >>> 224 Dirksen Senate Office Building >>> Washington, DC 20510 >>> >>> Dear Mr. Specter: >>> >>> I have been asked to forward the enclosed tapes to you from a man >>> named, David Amos, a Canadian citizen, in connection with the matters >>> raised in the attached letter. Mr. Amos has represented to me that >>> these are illegal FBI wire tap tapes. I believe Mr. Amos has been in >>> contact with you about this previously. >>> >>> Very truly yours, >>> Barry A. Bachrach >>> Direct telephone: (508) 926-3403 >>> Direct facsimile: (508) 929-3003 >>> Email: bbachrach@bowditch.com >>> >>> >>> >>> http://davidamos.blogspot.com/ >>> >>> Paulette Delaney-Smith Paulette.Delaney-Smith@rcmp- >>> David, >>> >>> I received your voice mail, I have been transferred to another unit >>> and I am unaware of who is dealing with your complaints at this time. >>> >>> Paulette Delaney-Smith, Cpl. >>> RCMPolice "J" DIvision HQ >>> >>> >>> >>> http://gypsy-blog.blogspot. >>> >>> Threat against Burke taken seriously >>> >>> By STEPHEN LLEWELLYN >>> dgleg@nb.aibn.com >>> Published Thursday May 24th, 2007 >>> Appeared on page A1 >>> An RCMP security detail has been guarding Justice Minister and >>> Attorney General T.J. Burke because of threats made against him >>> recently. >>> >>> Burke, the Liberal MLA for Fredericton-Fort Nashwaaksis, wouldn't >>> explain the nature of the threats. >>> >>> "I have had a particular individual or individuals who have made >>> specific overtures about causing harm towards me," he told reporters >>> Wednesday. >>> >>> "The RCMP has provided security to me recently by accompanying me to a >>> couple of public functions where the individual is known to reside or >>> have family members in the area," said Burke. "It is nice to have >>> some >>> added protection and that added comfort." >>> >>> The RCMP provides protection to the premier and MLAs with its VIP >>> security >>> unit. >>> >>> Burke didn't say when the threat was made but it's believed to have >>> been in recent weeks. >>> >>> "When a threat is posed to you and it is a credible threat, you have >>> to be cautious about where you go and who you are around," he said. >>> "But again, I am more concerned about my family as opposed to my own >>> personal safety." >>> >>> Burke said he doesn't feel any differently and he has not changed his >>> pattern of activity. >>> >>> "It doesn't bother me one bit," he said. "It makes my wife >>> feel awful nervous." >>> >>> Burke served in an elite American military unit before becoming a >>> lawyer and going into politics in New Brunswick. >>> >>> "(I) have taken my own precautions and what I have to do to ensure my >>> family's safety," he said. "I am a very cautious person in >>> general due >>> to my background and training. >>> >>> "I am comfortable with defending myself or my family if it ever had to >>> happen." >>> >>> Burke said it is not uncommon for politicians to have security concerns. >>> >>> "We do live unfortunately in an age and in a society now where threats >>> have to be taken pretty seriously," he said. >>> >>> Since the terrorism attacks in the United States on Sept. 11, 2001, >>> security in New Brunswick has been >>> beefed up. >>> >>> Metal detectors were recently installed in the legislature and all >>> visitors are screened. >>> >>> The position of attorney general is often referred to as the >>> province's "top cop." >>> >>> Burke said sometimes people do not differentiate between his role as >>> the manager of the justice system and the individual who actually >>> prosecutes them. >>> >>> "With the job sometimes comes threats," he said. "I have had >>> numerous >>> threats since Day 1 in office." >>> >>> Burke said he hopes his First Nations heritage has nothing to do with >>> it. >>> >>> "I think it is more of an issue where people get fixated on a matter >>> and they believe you are personally responsible for assigning them >>> their punishment or their sanction," he said. >>> >>> Is the threat from someone who was recently incarcerated? >>> >>> "I probably shouldn't answer that," he replied. >>> >>> Reporters asked when the threat would be over. >>> >>> "I don't think a threat ever passes once it has been made," said >>> Burke. "You have to consider the credibility of the source." >>> >>> Bruce Fitch, former justice minister in the Conservative government, >>> said "every now and again there would be e-mails that were not >>> complimentary." >>> >>> "I did have a meeting with the RCMP who are in charge of the security >>> of the MLAs and ministers," said Fitch. >>> >>> "They look at each and every situation." >>> >>> Fitch said he never had bodyguards assigned to him although former >>> premier Bernard Lord and former health minister Elvy Robichaud did >>> have extra security staff assigned on occasion. >>> >>> He said if any MLA felt threatened, he or she would discuss it with the >>> RCMP. >> |
Wednesday 17 June 2020
Former Speaker Chris Collins claims he was victim of retaliation by Brian Gallant
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 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."
41 Comments
Commenting is now closed for this story.
Shawn Tabor
Infighting in the party and the taxpayer is on the hook for the bill I am guessing. WOW as the world turns.
michael levesque
wow even out of office he can still waste taxpayers money!!!
SIGH !!!!
Lou Bell
Melanson , the Shediac 5 , et al didn't like anyone questioning their insider control of the Liberals . Vickers will soon discover the same . Probably drop out before the next election .
Jos Allaire
.
SIGH !!!
Gerry Ferguson
Ha ha poor Gallant getting called out for shifty tricks!
Sadly tho Gallant has yet to be held accountable for his " shifty tricks " while the common folk would have been held accountable..
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 .
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
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.
Matt Adams
Gallant would not have been smart enough to figure this out on his own
His handlers LeBlanc and Boudreau would have told Gallant what to do , when to do it and who to do it for....Nothing but a big feeling puppet..
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 .
Bob Smith
Gallant wants to move past this for this new Navigator firm he's heading up, for sure...which isn't going to be lobbying for gov't contracts in the future, right?
Johnny Almar
Yes you did Brian.
Mack Leigh
Just one more time that politicians will twist the legal system into their way of thinking...Gallant, his buddy LeBlanc along with numerous other Liberal politicians will make sure that in this case absolutely .....no justice...is served.
Mack Leigh
Please tell me when......when did Brian Gallant ever act in the public's best interest ? Worse than Shawn Graham with no accountability, no transparency , no integrity and completely lacking any strength of character..... Good riddance..
Lou Bell
Targetting people and their careers to suit their own agnda , The liberal template for decades ! Look at who controls them , says it all !
James Smythe
Reply to @Lou Bell: Presumably you think our own power grabbing Irving shill of a Premier is better?
Anne Berube
https://twitter.com/DavidRayAmos/with_replies
David Raymond Amos @DavidRayAmos
Replying to @DavidRayAmos @alllibertynews and 49 others
Methinks it would be a huge faux pas if Higgy et al were to try to settle this matter in secret N'esy Pas?
https://davidraymondamos3.blogspot.com/2020/06/former-speaker-chris-collins-claims-he.html
#nbpoli #cdnpoli
https://www.cbc.ca/news/canada/new-brunswick/harassment-victim-new-brunswick-legislature-former-speaker-1.5615517
Former Speaker Chris Collins claims he was victim of retaliation by Brian Gallant
Last year, Collins apologized in legislature for comments 'perceived as inappropriate'
· CBC News · Posted: Jun 17, 2020 1:32 PM AT
Harassment allegations against Moncton MLA Chris Collins were deemed 'founded in part' by a third-party investigator. (Hadeel Ibrahim/CBC)
A former Speaker of the New Brunswick legislature says he was the victim of harassment charges spurred on by former Premier Brian Gallant's desire to punish him for being too independent.
Chris Collins, the former Liberal MLA for Moncton Centre, says in a statement of claim filed in Court of Queen's Bench that the allegations by a staffer he calls Jane Doe were originally dismissed as unfounded by Gallant in 2016.
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.
"Mr. Collins was repeatedly told the premier was very mad about not being able to have this debated," says the 15-page statement of claim.
"During the last meeting with Mr. Collins, [staffer] Carl Davies threatened Mr. Collins by saying, 'the Premier's Office can make life very difficult for you.'"
Premier Brian Gallant declined through a spokesperson to comment on Collins's statement of claim. (CBC)
Collins says Gallant knew "it was unlawful to collude with a complainant" about her complaint and to then publicize it.
In a statement Wednesday, Gallant said, "I look forward to the opportunity that the legal process will afford me to dispel false claims being made and to make public the relevant factors which impacted the decisions made in response to the actions of certain parties."
Davies said he would not comment on the allegations in the lawsuit.
The suit also names the government and the legislature as defendants, alleging that legislature clerk Don Forestell should not have "acquiesced" to Gallant's actions. Forestell refused to comment Wednesday.
T.J. Burke, Collins's lawyer at the time, said in the days following the revelation that the harassment 'did not occur.' (Maria Jose Burgos/CBC)
On April 5, 2018, Gallant told reporters in an evening conference call that Collins had been suspended from the Liberal caucus over harassment allegations.
The complainant has never been identified publicly, though Collins's statement of claim says she had "a close, personal friendship with Premier Gallant."
Collins filed his notice of intent to sue Gallant and the province April 3, two days short of the legal deadline for him to take the case to court.
None of the allegations have been proven in court.
Gallant and the province have yet to file statements of defence in the lawsuit. The province will represent Gallant in the case because he was premier at the time.
Office of the Attorney-General spokesperson Paul Bradley said a statement of defence "is being finalized" and will be filed soon.
Collins is not suing for defamation but for breach of employment contract, breach of privacy and abuse of authority.
The night Gallant announced Collins's suspension, the then-premier said there had been "personality conflicts" between Collins and an employee of the legislature.
Collins gave up his functions as Speaker but kept the title.
His lawyer at the time, T.J. Burke, said in the days following the revelation that the harassment "did not occur."
Chris Collins ran as an independent candidate in Moncton Centre during the 2018 provincial election and lost. (Kate Letterick/CBC News )
But the following month the legislative administration committee, made up of MLAs from all parties, said an investigation by Leslie H. MacLeod, an adjunct professor at Osgoode Law School, concluded the allegations were "founded in part."
In the wake of that, Burke said Collins "accepts full responsibility for the findings that the investigator made in her report."
In July 2018, Collins apologized publicly with his wife Lisette Richard at his side. He called it a "complete and unreserved 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."
77 of 80 allegations were deemed unfounded
In the new statement of claim, Collins elaborates that 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," it says.
Collins's suspension from the Liberal caucus meant he was not allowed to run as a candidate for the party in his riding of Moncton Centre in that fall's provincial election. He ran as an independent against Rob McKee, who won by a wide margin.
Chris Collins delivered his apology at the foot of the legislature with his wife, Lisette Richard, standing behind him. (Hadeel Ibrahim/CBC)
According to the statement of claim, "Jane Doe" was working for Collins in August 2015 when she told a staffer for deputy premier Stephen Horsman about the alleged harassment.
Gallant's office looked into the allegation and "Premier Gallant advised Ms. Doe that her allegations against Mr. Collins had been looked into, were unfounded and without merit and that no further action would be taken."
Horsman and Gallant's acting chief of staff Greg Byrne both declined through a spokesperson to comment on the statement of claim Wednesday morning, as did McKee.
Two years later, it continues, Gallant's then-chief of staff, Jordan O'Brien, "aggressively pursued" getting Collins to let a motion to be introduced in the legislature that Collins says "was a breach of the rules of the House" and "constituted a personal attack" on a sitting MLA.
O'Brien refused to comment Wednesday on the narrative Collins lays out for 2018.
After Collins refused to allow the motion to go forward, the statement of claim says, Gallant's office brought the government's workplace harassment policy to the legislative administration committee to have it adopted as applying to members of the legislature.
According to the filing, Gallant then "encouraged" Jane Doe to file a complaint against Collins despite knowing it had been deemed unfounded two years earlier. It says the premier's office also persuaded her to let Gallant publicize the complaint despite confidentiality rules.
Complaint would 'go away'
Collins also claims he only learned of the complaint after Gallant's conference call with reporters on April 5 when he met three senior Liberals, including cabinet ministers Victor Boudreau and Serge Rousselle.He says they told him the complaint would "go away" if he quit.
Boudreau and Rousselle refused to comment on that allegation Wednesday.
Collins also says Gallant persuaded him to allow the new harassment policy apply to the case, even though it did not apply retroactively to MLAs and even though the clerk of the legislature has the discretion to not investigate complaints more than a year old.
The statement of claim quotes a letter from deputy clerk Shayne Davies saying the investigation was in the public interest "given the public disclosure of a complaint" and a subsequent decision by the legislative administration committee to have it investigated.
The filing says a lawyer hired by the committee told its members that the seriousness of Collins's behaviour rated a one, on a scale of one to 10.
42 Comments
Commenting is now closed for this story.
"Gallant and the province have yet to file statements of defence in the lawsuit. The province will represent Gallant in the case because he was premier at the time.
Office of the Attorney-General spokesperson Paul Bradley said a statement of defence "is being finalized" and will be filed soon."
David Amos
David News
We really don't need articles like this to make up news. If the court case had been decided and the ruling was released. That would be news. This sadly is not, just accusations that have to be proven.
Samual Johnston
David News
Reply to @Samual Johnston: Well fair comment, but do we need all the gory details of something that is simply an unproven accusation? Tell us there is a lawsuit and the charge. Leave out the filling until it has been proven
Samual Johnston
Chantal LeBouthi
When you are independent you can’t be part of a political party
Donald Gallant
Content disabled
Reply to @Chantal LeBouthi: POOF The instant he referred to JWR
David Amos
val harris
Poor chris I feel bad
David Amos
Jos Allaire
Reply to @val harris: Chris the foo!
Matt Steele
Not really surprising as it is well known that former ONE term Premier Brian Gallant was known to use his position as Premier of N.B. for personal gain . They should look into the 130 MILLION dollar Francophonie games that Gallant tried to downplay the cost of , and how Gallant hired his " Best Man " from his wedding to help organise them , all at the taxpayers expense. It should be interesting watching Gallant being held accountable in this trial ; to bad the taxpayers are the ones who have to pay to defend him . He should be paying to defend himself since his personal actions caused it
June Arnott
Sue Gallant not the New Brunswick taxpayer
1) that the accusations are unfounded.
2) that he should have to pay for his defense if the accusations were founded.
Your reply to my comment stated it correctly which is regardless of founded or unfounded, the province MUST defend Gallant.
Dan Lee
1st rule of cheating when caught......deny.....deny........swear while denying........and deny one more time....
David Peters
SNC Lavalin did well with the Gallant liberals.
So did Irving with the libs or cons but that wasn't your agenda was it................
Everyone's agenda should be to get rid of corporate welfare and special tax breaks, imo. Tax fairness and a level playing field in the business world is in everyone's best interest.
Roland Stewart
I don't think Chris was well like by the guys in Shediac.
Jos Allaire
Lou Bell
Even when voted out of office the Liberals just keep on takin' !!!
Jos Allaire
Jack Straw
The best thing Brian Gallant ever did for NB was leave.
http://davidraymondamos3.blogspot.com/2018/11/methinks-all-mlas-recall-that-sneaky.html
Monday, 5 November 2018
Methinks all the MLAs recall that the sneaky SANB dude Kevin Arseneau of the Watermelon Party after being barred from the legislature wanted to be a LIEbrano MLA candidate N'esy Pas?
David Raymond Amos @DavidRayAmos
https://ici.radio-canada.ca/nouvelle/1057771/kevin-arseneau-candidat-liberal-kent-nord-nouveau-brunswick-sanb
Kevin Arseneau sera candidat à l'investiture libérale dans Kent-Nord
---------- Original message ----------
From: "Gallant, Premier Brian (PO/CPM)" <Brian.Gallant@gnb.ca>
Date: Mon, 5 Nov 2018 05:14:46 +0000
Subject: RE: SO Chucky Leblanc have you asked your SANB buddy Kevin Arseneau,now of the Watermelon Party about being barred from the legislature then wanting to be a LIEbrano MLA candidate or the recent tip about him and SWN in YOUR blog?
To: David Amos <motomaniac333@gmail.com>
Thank you for writing to the Premier of New Brunswick. Please be
assured that your email will be reviewed.
If this is a media request, please forward your email to
media-medias@gnb.camed
>. Thank you!
******************************
Nous vous remercions d’avoir communiqué avec le premier ministre du
Nouveau-Brunswick. Soyez assuré(e) que votre courriel sera examiné.
Si ceci est une demande médiatique, prière de la transmettre à
media-medias@gnb.camed
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Mon, 5 Nov 2018 01:14:38 -0400
Subject: SO Chucky Leblanc have you asked your SANB buddy Kevin Arseneau,now of the Watermelon Party about being barred from the legislature then wanting to be a LIEbrano MLA candidate or the recent tip about him and SWN in YOUR blog?
To: "Dominic.Cardy" <Dominic.Cardy@gnb.ca>, "kris.austin" <kris.austin@gnb.ca>,
"Furey, John" <jfurey@nbpower.com>, wharrison <wharrison@nbpower.com>,
premier <premier@gnb.ca>, "terry.seguin" <terry.seguin@cbc.ca>,
"Alex.Johnston" <Alex.Johnston@cbc.ca>, "darrow.macintyre" <darrow.macintyre@cbc.ca>, Hon.ralph.goodale@canada.ca, "Pierre.Paul-Hus.a1" <Pierre.Paul-Hus.a1@parl.gc.ca
"pierre.poilievre.a1" <pierre.poilievre.a1@parl.gc.
ps.publicsafetymcu-
"Jody.Wilson-Raybould" <Jody.Wilson-Raybould@parl.gc.
"clare.barry" <clare.barry@justice.gc.ca>, "david.hansen" <david.hansen@justice.gc.ca>,
"brian.gallant" <brian.gallant@gnb.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>, lorri.warner@justice.gc.ca, "jan.jensen" <jan.jensen@justice.gc.ca>, "Nathalie.Drouin"
<Nathalie.Drouin@justice.gc.ca
english@rcinet.ca, "kennedy.stewart" <kennedy.stewart@parl.gc.ca>,
pvanloan@airdberlis.com, nicola.diiorio@bcf.ca, "Nicola.DiIorio" <Nicola.DiIorio@parl.gc.ca>, "Catherine.Tait" <Catherine.Tait@cbc.ca>, "sylvie.gadoury" <sylvie.gadoury@radio-canada.
"david.young" <david.young@mcinnescooper.com
news919 <news919@rogers.com>, sfine <sfine@globeandmail.com>,
Thursday, 1 November 2018
Kent North Green Party MLA Kevin Arseneau will support the Brian Gallant Government Throne Speech!!!
1 comment :
https://www.cbc.ca/news/
11 ridings to watch in the New Brunswick election
The New Brunswick election could be close with 5 parties hoping to gain seats on Monday
· CBC News · Posted: Sep 23, 2018 3:30 PM ATKent North
The riding was won by the Liberals in 2014, but Bertrand LeBlanc decided not to reoffer in this campaign.
Liberal candidate Emery Comeau is trying to hold onto the riding, but the Greens are hoping that Kevin Arseneau may be able to break through.
The Greens placed second in the riding in 2014, so there is a base of support for the party in the riding. Arseneau is a former president of the Acadian society and he had wanted to run for the Liberals in the riding. However, the Liberals did not approve his candidacy, so Arseneau switched to the Greens.
The Greens gave Arseneau's campaign a boost in the final days of the campaign by sending environmentalist David Suzuki to his riding.
https://ici.radio-canada.ca/nouvelle/1057771/kevin-arseneau-candidat-liberal-kent-nord-nouveau-brunswick-sanb
Critique des libéraux
Il a milité, dans le passé, pour le Parti vert et s'est montré fort critique des libéraux dans certains dossiers, notamment lorsqu'ils ont défait un projet de loi qui aurait donné la préférence aux aliments locaux dans les établissements publics.
À titre de président de la SANB également, il a été critique envers le gouvernement Gallant sur des questions comme le financement du bureau provincial du commissaire aux langues officielles.
Malgré tout, il croit qu'il a sa place au sein du parti. « Je crois que c’est la meilleure place pour contribuer à faire avancer ma communauté actuellement. »
Il précise que les valeurs qu'il a défendues jusqu'ici demeurent siennes, comme le respect de l'environnement, le développement rural - il est copropriétaire d'une ferme dans la région de Rogersville - et la qualité de l'éducation, de la petite enfance jusqu'au niveau postsecondaire.
Contre l'épandage de glyphosate, Énergie Est
Il n'a pas l'intention, s'il est choisi candidat, puis député libéral, de suivre une ligne de parti stricte.
« [...] J’ai complètement l’intention de demeurer moi-même, de parler franchement. Y’a des décisions que je suis encore pas d’accord avec chez les libéraux. L’environnement reste un enjeu important pour moi, le glyphosate, je m’oppose à ça [...] Énergie Est, je crois qu’il y a d’autres façons de développer l’économie donc j’ai l’intention d’aller là et de continuer à être moi-même. »
S'il n'a pas discuté avec le premier ministre Brian Gallant de sa candidature, il affirme qu'un ancien ministre libéral très respecté, Bernard Richard, est un « grand mentor ».
Tout comme Bernard Richard, il estime appartenir au courant plus progressiste du parti. « Je me considère de l’héritage de Louis Robichaud », lance-t-il.
Le député actuel de Kent-Nord, Bertrand LeBlanc, a annoncé qu'il ne se représenterait pas aux prochaines élections.
La date de l'assemblée d'investiture de cette circonscription n'est pas encore connue. Le directeur général de l'Association libérale du Nouveau-Brunswick, Pete Belliveau, précise par courriel « qu'un certain nombre de personnes sont intéressées à briguer l'investiture dans [Kent-Nord] », mais que personne jusqu'ici - y compris Kevin Arseneau - n'a déposé de formulaire de candidature.
Kevin Arseneau était président de la SANB depuis octobre dernier. L'organisme de défense des intérêts des Acadiens doit annoncer une présidence intérimaire dans les prochaines heures.
https://ici.radio-canada.ca/
« J'étais extrêmement déçu. Donc, je me suis levé debout et j'ai rappelé à certains députés avec qui j'ai déjà parlé les engagements qu'ils avaient pris envers moi et envers les fermiers lorsqu'ils étaient en train de voter contre ce projet de loi », a souligné Kevin Arseneau en entrevue à l'émission Le réveil Nouveau-Brunswick, d'ICI Acadie.
L'agriculteur militant est devenu président de la SANB le 23 octobre dernier. Il croit toujours que son geste à l'Assemblée législative était nécessaire.
Cette journée-là, si c'était à refaire, je le referais probablement parce qu'il y avait des choses qui devaient être dites, et lorsque le peuple appelle les députés et qu'on ignore les gens pour des raisons purement idéologiques [...] les gens prennent la parole là où ils peuvent.Le président de la Chambre, Chris Collins, a envoyé récemment une lettre à Kevin Arseneau pour lui annoncer que sa présence était à nouveau autorisée à l'Assemblée législative.
« Dans le cadre de vos nouvelles fonctions en tant que président de la Société de l'Acadie du Nouveau-Brunswick, vous représentez un large segment de la population du Nouveau-Brunswick. Par conséquent, en vertu des pouvoirs qui me sont conférés en tant que président de l'Assemblée législative et avec vos nouvelles fonctions, j'ai décidé de faire une exception et d'annuler votre interdiction de séjour », peut-on lire dans la lettre de Chris Collins à Kevin Arseneau.
Les députés du Nouveau-Brunswick entreprennent mercredi après-midi une nouvelle session de travaux législatifs. Kevin Arseneau sera présent, mais les députés n'ont pas à craindre de sa part un nouveau geste d'éclat. « Aujourd'hui, on va écouter le discours du Trône et on commentera par après », dit-il.