Campbell v Alberta (Public Interest Commissioner)
Mary Lynne Campbell
Law Firm / Organization
Reynolds Mirth Richards & Farmer LLP
Lawyer(s)

Matthew Woodley

Alberta (Public Interest Commissioner)
Law Firm / Organization
Shores Jardine LLP
Lawyer(s)

M. Joseph Redman

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

  1. Breach of procedural fairness.
  2. Breach of duty of impartiality.
  3. Substantive unreasonableness of the decision.

Court's Analysis

  1. 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.
  2. Partiality or Bias
    • Noted potential bias as the complaint language mirrored statutory terms, indicating a possible agenda.
  3. 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.

 

Court of King's Bench of Alberta
2303 01187
Employment law
Applicant