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Cora Nicholson, Svetlana Tenetko and Susan Holmes – the three PNP whistleblowers who had their privacy rights violated by the PEI government – will be represented in a lawsuit by John Phillips, a Partner in Waddell Philipps, a Toronto-based law firm.
One would expect the lawsuit to be a slam-dunk case, given the fact that PEI’s Information Commissioner and privacy watchdog, Karen Rose, has already thoroughly investigated the matter and ruled that an information leak during the 2011 election involving the P.E.I. Liberal party and three whistleblowers in the Provincial Nominee Program was indeed a violation of PEI ’s privacy laws.
When the Privacy Commissioner’s report was made public in December, 2017, the matter was immediately raised in the Legislative Assembly by PC MLA and leader of the official opposition, James Aylward. The Premier accepted the results of Ms. Rose’s investigation and apologized to the three whistleblowers, but never offered compensation for the harm and losses they suffered as a result of this illegal and targeted violation of their privacy rights.
Clarifying the Process for Lawsuits against the government
I posted a note on Facebook earlier this week (February 4, 2019) indicating that the PNP whistleblowers were filing their lawsuit in this matter. Perhaps I should have been more precise: when lawsuits are initiated against the provincial government the “Statement of Claim” is not immediately filed in court and made public. The Crown Proceedings Act requires that official “notice” is given before the legal proceedings begin in court.
I’ve been told this has already happened.
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As the PC Leadership Campaign winds down with the Convention happening this Saturday at the Eastlink Centre in Charlottetown, please consider making a modest donation to my campaign if you have not already done so. And thank you to all my supporters and volunteers for making this such an amazing and rewarding experience. Regardless of the outcome on Saturday, I’ll always cherish these busy few months and be grateful for all the new people I’ve met and now call friends while out on the campaign trail.
This matter will not be resolved until all three employees have received a public apology, full compensation and an offer of re engagement. The offenders should be criminally charge.