Dale Kirby heading to court to get full text of harassment report released

Former education minister Dale Kirby is turning to the Newfoundland and Labrador Supreme Courtto learn what's inside the report of a Toronto-based firm that was tapped to look into allegations of bullying and harassment against him.

Kirby, who is now sitting as an Independent in the House of Assembly, faced accusations from fellow MHAsPam Parsons and Colin Holloway.

Bruce Chaulk, Newfoundland and Labrador's commissioner of legislative standards, concluded thatKirby along with fellow Liberal cabinet ministerEddie Joyce had not bullied or harassed his colleagues, but that both menhad breached the code of conduct for MHAs.

Chaulk made thatdecision in part by the findings of Toronto-based firm Rubin Thomlinson.

Kirby has demanded Chaulkrelease the Rubin Thomlinsonreport arguing itcleared himof complaints of harassment but Chaulkrefused.

Donovan Molloy, at the time theinformation and privacy commissioner, supported Chaulk'srefusal to release the report.

However, in court documents,Kirby argues he has a "statutory right of access" to the information requested and "there is a mandatory right of access in the context of a workplace investigation."

He added the documents should be released because "it is in the public interest."

Contacted by CBC News Monday, Chaulk said he could not comment on the case because it is before the courts.

Last October, the leaders of all three political parties had also supported calls for releasing the RubinThomlinsonreport.

However, in aresponseto a request from CBC News to see the reports, Chaulksaid the documents were "privileged and will not be released."

Rubin Thomlinsonhired because of firm's experience

Last spring, Chaulksaid he hired Rubin Thomlinson"because of their sheer experience [and that] they wrote the book on workplace investigations." The firm has handled numerous workplace harassment investigations, and spearheaded one involvingJian Ghomeshi, the disgraced CBC radio host.

Chaulksaid in many instances, he cut and pasted text from the RubinThomlinsonreports into his own, changing onlythe names for privacy reasons.

"If someone goes to the effort to hire an investigator to investigate a particular situation, I think the person would be a fool to overturn or dispute what the investigator is telling them, so for the most part, you are readingRubinThomlinson'sreports,"Chaulksaid.

When asked why Rubin Thomlinson didn't make the rulingson Joyce and Kirby's behaviour, Chaulk said last year it was because the firm doesn't have the authority to recommend recourse for members of government.

Chaulkhas said he is the one with that power.

In November,RubinThomlinson turned down the provincial government'sinvitation to take questions in the House of Assembly on the reports it filed on Joyce andKirby.

"They don't speak to what they do," said Speaker Perry Trimper, saying the firmonly discusses matters with their clients in this case, Chaulk.

The scandal concluded with both Kirby and Joyce offering succinct apologies in the House of Assembly, and the two men ordered to undergo respectful workplace training.

Both continue to sit as independents.

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