The Saint John Board of Police Commissioners alleges one of the nine officers who filed a conduct complaint against Chief Robert Bruce last year did so to “deflect from her significant performance issues” and the threat of being fired.
The board makes the allegation in a statement of defence, filed in response to a lawsuit launched last month by Samantha McInnis, a former superintendent with the Saint John Police Force.
McInnis, the first officer to file a complaint against the chief, is suing the board for alleged breach of contract and “retaliatory conduct” through Bruce “or his delegates” over her workplace harassment complaint.
In her statement of claim, she contends the board, as the employer, is vicariously liable for the conduct of Bruce and other employees, including the filing of a “bad faith” criminal complaint against her for alleged unsafe storage of her firearm.
The board, however, denies any retaliation, calls the lawsuit an abuse of process and argues it should be dismissed by the Court of King’s Bench with costs.
“The issue of whether the Plaintiff experienced workplace harassment is a matter that falls within the exclusive jurisdiction of the Police Act and the Code of Professional Conduct Regulation … and a final decision in relation to this matter has already been rendered,” it claims.
Eight of the officers, including McInnis, asked the court to conduct a judicial review, however, after the Saint John board and New Brunswick Police Commission fully or partially dismissed their complaints against the chief.
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