Saint John, New Brunswick — Scott Campbell, a former employee of Opportunities New Brunswick (ONB), has been engulfed in a prolonged legal battle since his dismissal in 2020, which he claims was due to his whistleblowing on unethical conduct within the provincial economic agency. Now at the heart of multiple legal and administrative proceedings, Campbell’s case highlights significant challenges in the protection and treatment of whistleblowers.
Campbell, 54, alleges that his dismissal followed a complaint he made about unethical directives he received while serving as a business development agent. His role involved linking companies to taxpayer-funded investment opportunities approved by the provincial cabinet. His concerns, which centered on directives he believed to be unethical, were initially dismissed by ONB after an investigation by Montana Consulting failed to interview other employees Campbell had identified as witnesses.
The lack of thorough investigation led to Campbell’s further pursuit of justice through the legal system. He has since engaged in various legal actions under employment, human rights, and occupational health and safety legislations. His commitment has not only drained his finances — with more than $150,000 spent on legal fees — but also put a spotlight on the complexities and perceived inadequacies of current whistleblower protection laws.
In December, a key decision by David Mombourquette, chair of the labour and employment board, supported Campbell’s claim. The board recognized that Campbell’s dismissal was motivated, at least in part, by his decision to challenge his supervisors’ unethical instructions. A hearing is scheduled to determine the final remedy for Campbell, who seeks compensation for lost wages, reinstatement, and coverage of his legal costs.
Adding layers to an already complex situation, Campbell’s legal representative, Kelly VanBuskirk, pointed out that the multiple legislative frameworks involved create a tangled web of proceedings that can be difficult for non-lawyers to navigate. This complexity could discourage other potential whistleblowers from coming forward.
The casting of such a wide legal net — encompassing several statutes and involving multiple agencies — underscores broader systemic issues within the regional legislative landscape. Similar challenges have prompted jurisdictions elsewhere, like the U.K., to consolidate employment-related legislation to streamline processes and reduce bureaucratic barriers for individuals seeking justice.
Furthermore, Campbell’s case has brought to light possible deficiencies in the human resources investigation processes of corporate and governmental bodies. The initial investigation into Campbell’s grievances, which Montana Consulting conducted, has come under scrutiny during the proceedings for its apparent lack of rigor, including failing to interview listed witnesses.
As the legal and administrative saga unfolds, ONB has refrained from extensive commenting due to the ongoing legal matters. Meanwhile, Campbell’s ongoing struggle illuminates the daunting path whistleblowers often face, raising questions about the efficacy and integrity of processes meant to protect the public interest.
Campbell remains hopeful that his prolonged fight will bring about a necessary change in whistleblower legislation, not just for his sake but for future potential whistleblowers who might be dissuaded by his experiences. He embodies a significant test case for the province’s commitment to ethical conduct and transparency within its ranks, highlighting the need for systemic reforms to support individuals brave enough to speak out against wrongdoing.
His story holds a mirror up to the current legislative and procedural shortcomings, pressing for a reevaluation of how whistleblowers are protected — an issue with far-reaching implications for governance and public accountability in New Brunswick and beyond.