Health P.E.I. CEO's non-disparagement clause raises ire of opposition MLAs

The provincial government fielded a barrage of questions from opposition parties in the legislature Wednesday about a non-disparagement clause in new Health P.E.I. CEO Melanie Fraser's contract. 

The clause states that Fraser can't make comments that "defame" or "disparage" the agency or the provincial government "or any of their respective representatives."

No such language was used in the contract of the previous Health P.E.I. CEO, Dr. Michael Gardam, who left the role after he publicly criticized the province's decision to open a new medical school affiliated with the University of Prince Edward Island. 

Matt MacFarlane, the Green MLA for Borden-Kinkora, asked the government to clarify whether the purpose of the clause is to let the premier fire the CEO if she speaks out against the government.

In response, Premier Dennis King acknowledged his previous comments about having wanted to fire Gardam in the past, but went on to say he has never silenced anyone at Health P.E.I. 

"I have never told any CEO or any member of government, any member of my caucus, what to say or how to say it. You're free to speak whatever you want to speak," he said. 

Health P.E.I. CEO's non-disparagement clause criticized by opposition MLAs during question period

20 days ago

Duration 3:27

MLAs questioned the government during Wednesday's sitting of the P.E.I. Legislature about the non-disparagement clause in the contract of Health P.E.I. CEO Melanie Fraser. The opposition says the clause is an attempt to stifle criticism and limit the independence of the health authority. The government says that's not so. CBC's Kerry Campbell joins Louise Martin with details.

"But I will again reiterate that when you work for the government, and the government implements policy, your job is to implement the policy. If you're not able to do that, you have every right not to do that — but then you have to move out of the way and let somebody do that, because that's how our government system works."

MacFarlane said the premier is adopting a "my way or the highway" approach when it comes to policy, and added that he finds that concernning. 

You're free to speak whatever you want to speak.— Premier Dennis King

He also brought up the frustrations that former Health P.E.I. board chair Derek Key raised as he resigned at the end of 2022, about the lack of independence the health authority actually has. 

The premier was also not the only one fielding questions about the non- disparagement clause Wednesday.

Gord McNeilly, the Liberal MLA for Charlottetown-West Royalty, asked Health Minister Mark McLane whether he had asked for the non-disparagement clause to be added to Fraser's contract, and whether the government is against its health-care leaders voicing concerns publicly. 

McLane began his response by giving a definition of "disparagement" according to Webster's dictionary, before saying the new CEO has been very transparent since starting the role at the beginning of the year. 

McLane said Fraser was involved in the auditor general's office investigation that led to a report revealing several executives with Health P.E.I. had received raises that did not follow proper approval channels, and added that she has requested a second review by the auditor general into the issue. 

He added that the non-disparagement clause is not out of the ordinary for top-level executive contracts. 

"I think this is a clause that quite honestly is in many standard contracts, so we'll move on and support our CEO when we can," he said.