St. Thomas University and the Federation of New Brunswick Faculty Associations squared off at the Court of Queen’s Bench on Oct. 1.
The case was brought on by STU’s refusal to release severance details of three high level former administrators between 2012 and 2013.
The case almost came to an abrupt end when council for the federation, Brenda Comeau, was late to the hearing. The judge admonished the tardy lawyer saying she was five minutes away from having her case thrown out.
The arguments for the federation were focused on the hearing simply being a judicial review of the privacy commissioner’s decision to release the information. In New Brunswick the commissioner’s decisions are not binding, and if not followed, go to the court.
Comeau explained commissioners in several different provinces, with similar right to information legislation, ruled that severance information should be released.
Amy Gough Farnworth, council for STU, argued this was not a judicial review of the commissioners decision. She said the right to information legislation of the province does not explicitly list severance pay as something that must be disclosed.
Farnworth then argued since this is the case, the judge is not deciding whether the commissioners decision should stand, but rather whether the legislation should be interpreted as saying that severance packages should be public knowledge.
The provinces RTI legislation has a section that deals with third party privacy. Section 21 states whether or not a piece of information should be kept confidential or released. For example, salary ranges are acceptable, but actual salaries would be a violation of privacy.
Farnworth also took issue with Comeau’s assertion several different provinces said this information should be made available. Farworth said all of the provinces named have a “public scrutiny” clause that allowed for that information to be made public. New Brunswick’s legislation has no such clause.
Comeau believes the release of this information is in line with the growing norm.
“[This is] not a quantum leap. [It’s] pretty much in line with what other provinces are doing,” said Comeau.
Farnworth said that this case will set precedence. Since a case like this have never been heard in the province, the ruling would determine whether severance packages for all public employees should be released.
Farnworth said this may cause these agreements to cease being made.
Comeau said there is no evidence of this being the case in any other province.
No decision was announced at the hearing, and no date for that decision was announced.
