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Former Speaker of N.B. legislature drops lawsuit against province, ex-premier

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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.

A photograph of Brian Gallant 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. 

ABOUT THE AUTHOR


Jacques Poitras

Provincial Affairs reporter

Jacques Poitras has been CBC's provincial affairs reporter in New Brunswick since 2000. He grew up in Moncton and covered Parliament in Ottawa for the New Brunswick Telegraph-Journal. He has reported on every New Brunswick election since 1995 and won awards from the Radio Television Digital News Association, the National Newspaper Awards and Amnesty International. He is also the author of five non-fiction books about New Brunswick politics and history.

CBC's Journalistic Standards and Practices
 
 
 
13 Comments


David Amos
Surprise Surprise Surprise 

 
David Amos
Reply to David Amos
Why did it take so long to report this? 


 
 
David Amos

Speak of the Devil and he is sure to appear 

 
David Amos

Deja Vu Anyone???

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

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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



 
William Peters   
The court system is for the rich to sue each other with. You only have to pay for it and admit defeat when you try and use it. The doesn't want you in it, so that's a bitter pill to swallow when it comes to thinking anyone can get justice. 
 
 
David Amos 
Reply to William Peters   
Everybody knows justice is a myth 
 
 
 
 
Robert Snider
wonder what cozy job the Liberals plan to assign to him should they win the election in the fall. Keep your eyes peeled folks. 
 

David Amos 
Reply to Robert Snider
Trust that I will 



Lou Bell
Gallant had more serious issues to address after the Liberals got caught with their undisclosed 130 million dollar plan at just taking taxpayer dollars without informing 2/3 of the population . 
 
 
Al Clark  

Reply to Lou Bell 
NB speakers have historically had a rough time with their party leaders. Thinking Bernie Lord for one.....
 
 
David Amos
Reply to Al Clark
Me too


David Amos

Reply to Al Clark 
However he attacked old Frank first  



 
James van der Brug   
When ever one feels wronged they want to lash out, the courts are our only way to do so. Hiring a lawyer brings about it stress which likely kills more Canadians each year that car accidents and really who needs its when the best solution is to move on. Yes moving on can be hard too.
 
 
David Amos

Reply to James van der Brug 
I am still trucking  
 
 
 
 
Lou Bell
Better for Collins . Got off the sinking ship before Gallant and his key advisers , including the current leader of the Liberal Party took it down. Two attempts at resurfacing the sunken ship have since failed under unqualified " Captains " . And about to happen once again . 
 
 
Allan Marven 
Reply to Lou Bell 
lol....we all know which ship has been abandoned just before it it disappears into netherland.   
 
 
Lou Bell
Reply to Allan Marven 
I'm thinking come December Cardy may be the newest leader of the Liberals . Or Arsenault , seeing as he's a key part of the group that controls the Liberals . And both parties ( Greens and Liberals ) have at several times indicated they're " confused " .  
 
 
David Amos

Reply to Lou Bell 
Did you and Cardy have a falling out? 
 
 
David Amos
Reply to Allan Marven
Yup
 
 
 
 
 
 
 
 
 
 
 
 
 
 

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