Province appeals decision to allow inquiry into Margaret-Ann Blaney's dismissal

Nearly a decade after the New Brunswick government fired Margaret-Ann Blaney from her position as head of the now-defunct Energy Efficiency N.B., lawyers for Blaney and for the province continue to argue this time in provincial appeals court over whether an inquiry into her dismissal should be allowed.

In January, Court of King's Bench Justice Thomas Christie quashed the province's application to stop the New Brunswick Labour and Employment Board from launching an inquiry into Blaney's 2014 dismissal.

He ruled that the province's Human Rights Commission was within its authority to refer Blaney's complaint to the labour board for an inquiry, even though the province had enacted legislation blocking "any court or administrative body" from hearing a challenge to the firing, effectively barring her from taking any legal recourse.

On Wednesday, lawyer Keith Mullin presented the province's appeal of Christie's decision before Court of Appeal Judge Kathleen Quigg, Judge Lucie LaVigne and Judge Charles LeBlond.

Mullin said the complaint is not within the jurisdiction of the N.B. Human Rights Commission because the actions are legislative and not covered by the Human Rights Act.

Lawyer Christopher Isnor, representingBlaney, saidChristie's decision to block the government's application to stop the inquiry was appropriately reached and should stand.

Both lawyers referred to legal precedents they said supported their cases.

Case dates back to 2012

Blaney, a former Progressive Conservative cabinet minister, was appointed as president and CEO of Energy Efficiency New Brunswick in 2012 by thePC government of David Alward. But when the Liberals came into powerunder Brian Gallantin 2014, the former Crown agency was made part of N.B. Powerand Blaney was dismissed.

The newly created Act to Dissolve the Energy Efficiency and Conservation Agency of New Brunswick also blocked any challenges to the CEO's dismissal or dissolution of the agency.

After being fired, Blaney filed a complaint with theHuman Rights Commission, arguing the Liberal government got rid of the organization and her job because of her PC affiliation.

The province applied to stop the commission from investigating the case, however a judge ruled in March 2021 that it could continue its investigation.

In September 2021, the Human Rights Commission referred Blaney's complaint to the Labour and Employment Board for an inquiry by the quasi-judicial tribunal.

In December 2021, the province filed its latest application, arguing Blaney's firing wasn't in the commission's jurisdiction.

According to Justice Christie's decision outlined in January, the commission had found sufficient evidence to "support an arguable case of discrimination based on the prohibited ground of political activity and belief."

The New Brunswick Court of Appeal judges have not yet released their ruling on the appeal.