“I think I’ve answered your question. Have a good day.”
That was former Liberal cabinet minister Dale Kirby, not answering a question from The Telegram Thursday evening.
Kirby was asked point blank if he was the source of a leak to the media of the substance of Terra Nova MHA Colin Holloway’s complaint against himself and former Liberal cabinet minister Eddie Joyce.
“I don’t have any comment on any of these matters until the commissioner rules, and once the commissioner rules I’ll have official comment then,” said Kirby.
While the protection of sources is of utmost importance in the journalism profession, in this case, the source of the leak is worthy of note.
While The Telegram is unable to confirm whether Kirby was the source of the leak, there are a few clues.
Kirby did not confirm or deny whether he had leaked the information when asked by The Telegram.
There are four people who would have had access to the documents released on Thursday afternoon, just as question period began in the House of Assembly.
The first is Colin Holloway, the complainant.
Holloway denied knowing the document had been leaked, according to correspondence with CBC’s Megan McCabe.
The second is Commissioner of Legislative Standards Bruce Chaulk.
Chaulk released a statement Thursday stating “all matters and investigations conducted by (my) office are handled with the utmost confidentiality and respect.”
All of Chaulk’s dealings with MHAs are made confidential by the legislation and can only be revealed if the MHA makes information public.
The subjects of the investigation are the other possible sources for the leak: Dale Kirby and Eddie Joyce.
Joyce could not be reached for comment Thursday evening.
The leaked documents outline a pattern of behaviour that Holloway considered to be harassment.
In an excerpt published by VOCM, Holloway says Joyce swore at him and worked to shut him out from the rest of the Liberal caucus.
“Whenever I brought a district concern to Mr. Joyce, his consistent response has been, ‘Here he goes again! Don’t have anything else to talk about other than your district.’ In a number of instances, Mr. Joyce would simply tell me to F@#$-off.’”
In another section, Holloway alleges Joyce focused attention on discrediting Harbour Grace-Port de Grave MHA Pam Parsons in the lead-up and aftermath of her run for Speaker in 2017.
“Mr. Joyce often used phases (sic) such as, ‘She is not worthy of being the Speaker,’ or, ‘Pam’s success would be a vote against the premier.’ I found that there was a deliberate attempt to cause a negative support for MHA Parsons by members of our caucus.”
Why does it matter who leaked the document to the media?
Questions about the confidentiality of Chaulk’s investigations into the harassment allegations were top of mind during the last two House Management Commission meetings.
Speaking on May 16, Chaulk responded to concerns about confidentiality before a final report is made public, saying, “no one would know what I’ve discussed with them because it’s between me and the member.”
Any breach of confidentiality by Chaulk would be catastrophic for his office and the harassment investigations, both on a legislative front and on the matter of public record.
Premier Dwight Ball says he didn’t see the substance of the documents leaked. He says it’s unfortunate information was leaked, but it shouldn’t undermine confidence in the process to investigate the allegations.
“If the people that are actually participating in that review waive the privilege of that independence, well that does not reflect on the person that’s doing the review. It really reflects more on those that are participating in the review,” said Ball.
Topsail-Paradise MHA Paul Davis says the leak could prevent other complainants from coming forward, for risk of their information being leaked to the public before an investigation concludes.
“If I was one of them, I would have another reason not to follow the process,” said Davis.
“Something as sensitive as this, it’s completely and totally wrong in so many ways. A person files a compliant of a workplace harassment matter in confidence. It should absolutely be in total confidence. I don’t know how or why that information became available. I’m not in any way suggesting it was (Mr. Chaulk).”
NDP MHA Lorraine Michael echoed Davis’s concerns about the leak. She says the revelation is disturbing.
“It’s going to have people questioning the confidentiality of the process. I absolutely believe there is confidentiality in the process. What we’re dealing with here is an unethical and unprincipled person or persons,” said Michael.
Twitter: DavidMaherNL
