The former head of Alberta’s human rights commission has filed a lawsuit against the attorney general for “malicious treatment” and wrongful termination.
In September, Collin May’s appointment as head of the provincial human rights body was rescinded by cabinet order following an open letter from the Muslim community concerned about a book review he published that has been labeled Islamophobic.
May first joined the Alberta Human Rights Commission and Tribunals (AHRC) as a commissioner in 2019. He was appointed head of the commission in May 2022 by cabinet order.
On Tuesday, he filed the lawsuit alleging that the province breached its contractual obligations and committed a “bad faith” dismissal.
May is seeking $1.12 million in damages for anticipated breach of his employment contract, a public statement acknowledging he was wrongfully terminated, and the costs of the lawsuit. Additionally, May believes he is entitled to an additional $1 million in punitive and moral damages.
“Minister (Tyler) Shandro’s office wrongfully terminated plaintiff (May) without notice,” the statement of claim reads. “The minister’s office did not explain the reason to the complainant and, to date, no reason has been given to him.”
May’s legal adviser, Kathryn Marshall, told CTV News Edmonton in an interview that he had a five-year fixed-term contract as chairman of the commission, giving him due process and rights as an employee of the province. .
“(People) assume it’s just an appointment to serve the government, but in reality he had a very full employment contract,” said Marshall, who specializes in employment law, human rights and civil litigation at the Toronto firm. Levitt Sheikh LLP.
Marshall said May cooperated with the province’s requests to meet with Muslim stakeholders and arranged consultations. In his opinion, May’s dismissal was “surprising” and “misleading”.
In the claim obtained by CTV News Edmonton, May was informed of her dismissal by letter on September 15 under a clause addressing resignations.
According to the claim, Shandro’s office demanded his resignation three days earlier.
May says she never resigned from her position as “she hadn’t done anything wrong”.
Marshall says May first learned of the province’s intention to seek her resignation and then her final dismissal through media reports.
In the lawsuit, May also alleges that the AHRC was a “poisoned work environment” during her brief tenure as chief and that she was subject to interference from Shandro’s office.
“It was clear from his first day on the job that plaintiff had been misled,” the lawsuit statement says.
Marshall believes the book review was something the Alberta NDP “sold” to smear his character.
“He’s not Islamophobic at all,” Marshall said. “Ultimately, the book review was misrepresented by various groups and individuals.”
The claim says May suffered “significant mental and physical anguish due to the unconscionable, malicious and vicious actions and inactions taken by the defendant.”
According to the lawsuit brief, May says his firing led the University of Calgary Cummings School of Medicine to cancel an opportunity for him to co-teach a course this fall.
The province has 20 days as a defendant to respond. None of the claims have been proven or proven in court.