21 Jun 2024
Campbell v Alberta (Public Interest Commissioner)
Background
- Mary Lynne Campbell sought judicial review of a decision by the Public Interest Commissioner.
- The decision found Ms. Campbell, while Superintendent of Schools at the Sturgeon Public School Division, guilty of gross mismanagement, leading to a toxic work environment.
Key Legal Provisions
- Public Interest Disclosure (Whistleblower Protection) Act, SA 2012, c P-25.5.
- Section 3(1)(c)(iii): Defines gross mismanagement involving systemic issues like bullying and harassment.
Commissioner's Findings
- Ms. Campbell's conduct created a culture of bullying, harassment, and intimidation.
- Over 85% of Central Office employees supported these findings.
Applicant's Grounds for Judicial Review
- Breach of procedural fairness.
- Breach of duty of impartiality.
- Substantive unreasonableness of the decision.
Court's Analysis
- Procedural Fairness
- Applied Baker v Canada factors:
- Nature of the decision akin to professional discipline, requiring higher fairness.
- Statutory scheme mandates procedural fairness and natural justice.
- Decision's significant reputational impact required higher fairness.
- Commissioner’s failure to provide witness names limited Ms. Campbell's defense.
- Partiality or Bias
- Noted potential bias as the complaint language mirrored statutory terms, indicating a possible agenda.
- Reasonableness
- Did not rule on this ground but noted procedural unfairness affects decision's reasonableness.
Decision
- Quashed the Commissioner's decision due to procedural unfairness.
- No re-investigation ordered, considering Ms. Campbell's retirement and likely futility.
Costs
- Costs to be determined if not agreed upon, including those from a related application.
- No amount was specified.