Dale Kirby heading to court to get full text of harassment report released
It's in the 'public interest' for the Rubin Thomlinson reports to be released, argues Kirby
Former education minister Dale Kirby is turning to the Newfoundland and Labrador Supreme Court to learn what's inside the report of a Toronto-based firm that was tapped to look into allegations of bullying and harassment against him.
Kirby, who is now sitting as an Independent in the House of Assembly, faced accusations from fellow MHAs Pam Parsons and Colin Holloway.
Bruce Chaulk, Newfoundland and Labrador's commissioner of legislative standards, concluded that Kirby — along with fellow Liberal cabinet minister Eddie Joyce — had not bullied or harassed his colleagues, but that both men had breached the code of conduct for MHAs.
Chaulk made that decision in part by the findings of Toronto-based firm Rubin Thomlinson.
Kirby has demanded Chaulk release the Rubin Thomlinson report — arguing it cleared him of complaints of harassment — but Chaulk refused.
Donovan Molloy, at the time the information and privacy commissioner, supported Chaulk's refusal to release the report.
However, in court documents, Kirby argues he has a "statutory right of access" to the information requested and "there is a mandatory right of access in the context of a workplace investigation."
He added the documents should be released because "it is in the public interest."
Contacted by CBC News Monday, Chaulk said he could not comment on the case because it is before the courts.
Last October, the leaders of all three political parties had also supported calls for releasing the Rubin Thomlinson report.
However, in a response to a request from CBC News to see the reports, Chaulk said the documents were "privileged and will not be released."
Rubin Thomlinson hired because of firm's experience
Last spring, Chaulk said he hired Rubin Thomlinson "because of their sheer experience [and that] they wrote the book on workplace investigations." The firm has handled numerous workplace harassment investigations, and spearheaded one involving Jian Ghomeshi, the disgraced CBC radio host.
Chaulk said in many instances, he cut and pasted text from the Rubin Thomlinson reports into his own, changing only the names for privacy reasons.
"If someone goes to the effort to hire an investigator to investigate a particular situation, I think the person would be a fool to overturn or dispute what the investigator is telling them, so for the most part, you are reading Rubin Thomlinson's reports," Chaulk said.
When asked why Rubin Thomlinson didn't make the rulings on Joyce and Kirby's behaviour, Chaulk said last year it was because the firm doesn't have the authority to recommend recourse for members of government.
Chaulk has said he is the one with that power.
In November, Rubin Thomlinson turned down the provincial government's invitation to take questions in the House of Assembly on the reports it filed on Joyce and Kirby.
"They don't speak to what they do," said Speaker Perry Trimper, saying the firm only discusses matters with their clients — in this case, Chaulk.
The scandal concluded with both Kirby and Joyce offering succinct apologies in the House of Assembly, and the two men ordered to undergo respectful workplace training.
Both continue to sit as independents.
With files from Anthony Germain and Katie Breen