Court of Appeal rules that judge erred in deciding Steve Kent had privacy breached

Rob Antle · CBC News

· Posted: May 06, 2025 4:30 AM EDT | Last Updated: 11 minutes ago

Newfoundland and Labrador's apical tribunal has ruled that a lower-court justice made a bid of errors erstwhile helium recovered that the City of Mount Pearl breached the privateness of its erstwhile apical civilian servant Steve Kent.

The Court of Appeal recovered — among different mistakes — that the justice decided the incorrect ineligible issues successful a 2022 determination related to the dismissal of 2 councillors.

"In proceeding arsenic helium did, the justice did not see the city's involvement successful ensuring that assembly members abide by their codification of morals and state conflicts of interests," Justice Katherine O'Brien wrote successful the unanimous determination of the three-judge entreaty tribunal panel.

"Nor did helium see the public's involvement successful information seeking and ensuring that elected officials fulfil their roles ethically."

The main contented wasn't whether Kent's privateness was breached, but whether contentious Facebook conversations should beryllium excluded from the grounds successful the councillors' lawsuits.

The city's entreaty was allowed, and the substance has been sent backmost to the little tribunal to beryllium reconsidered.

• Read the afloat N.L. Court of Appeal decision

It's the latest improvement successful a tangly contention that goes backmost much than 5 years, and has wended its mode from the assembly chambers to judges chambers.

Central to it each are a bid of Facebook Messenger chats betwixt Kent and then-councillors Andrew Ledwell and Andrea Power.

The cardinal chronology of events is laid retired successful the entreaty tribunal decision.

WATCH | Court of Appeal issues metropolis a triumph successful conflict implicit contentious Facebook messages:

Kent was placed connected paid permission from his relation arsenic main administrative serviceman of the metropolis successful the autumn of 2019, successful the aftermath of a workplace harassment complaint.

• Investigator interviewing Mount Pearl unit astir Steve Kent's alleged workplace conduct

He returned a city-owned iPad, which helium had been utilizing for enactment and to entree his idiosyncratic Facebook Messenger account.

IT section unit saw a banner notification connected the tablet that appeared to beryllium for a connection betwixt Kent and 1 oregon some councillors relating to the harassment investigation. City officials began to show the iPad for much specified messages.

In June 2020, Kent discontinue earlier assembly could clasp a ballot connected whether to occurrence him. Council past voted to disregard Ledwell and Power.

• CBC INVESTIGATES | Facebook chats uncover clandestine readying betwixt Steve Kent, 2 Mount Pearl councillors

Kent sued the metropolis for constructive dismissal and breach of privacy. Mount Pearl has filed a countersuit.

Ledwell and Power besides sued implicit their dismissals from council.

It's their lawsuits — not Kent's — that are the taxable of the Court of Appeal decision.

Kent intervened successful the Ledwell and Power matters, saying the Facebook conversations should beryllium excluded from the record.

In a 2022 decision, Justice Alexander MacDonald agreed, uncovering that the metropolis had "intentionally intruded connected Mr. Kent's backstage affairs" by speechmaking the messages.

• Steve Kent's privateness breached by Mount Pearl's handling of Facebook messages, justice rules

The determination enactment the messages off-limits for the city's defence successful the case.

The entreaty tribunal recovered that the justice erred successful his "singular focus" arsenic to what was just to Kent, noting that Kent had "no interest" successful the eventual result of the councillors' appeals.

"This was not the due proceeding oregon venue to find redress for Mr. Kent," the Court of Appeal noted, adding that Kent volition person a close to a remedy successful his ain lawsuit, if helium establishes his assertion there.

The entreaty tribunal noted that different options — such arsenic a work prohibition oregon sealing bid — could person been considered.

In an emailed connection to CBC News, the City of Mount Pearl said it is pleased with the decision, but declined further remark arsenic the substance remains earlier the courts.

Neither Kent, Ledwell nor Power returned emails from CBC News connected Monday.

Meanwhile, Kent's suit against the metropolis — and Mount Pearl's counterclaim — sat dormant for years, earlier some sides filed notices of volition to proceed successful December 2024.

Kent had initially included a fig of metropolis officials successful his connection of claim. But proceedings against the mayor, erstwhile lawman politician and a apical civilian servant were discontinued earlier this year.

Kent is simply a erstwhile politician of Mount Pearl, provincial furniture curate and lawman premier. He near provincial authorities successful 2017 to instrumentality connected the occupation of apical civilian servant for the city.

Kent has since shifted his absorption to national politics, arsenic a determination organizer for the Conservative Party. He ran successful past month's national election, but was defeated by the Liberal campaigner successful the riding of Avalon.

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