Helena Guergis loses bid to sue PM, aides over alleged ‘conspiracy’ but plans appeal

Barring her appeal, Helena Guergis appears to have completed her journey to political oblivion.

On Friday, the former junior minister in Prime Minister Stephen Harper's cabinet lost her court bid to sue her ex-boss, Postmedia News reported.

Guergis claimed there was a conspiracy by Harper and his aides to oust her and that she was defamed by allegations of wrongdoing involving her and her husband Rahim Jaffer, a former Alberta Conservative MP.

She promptly announced plans to appeal.

"I am disappointed in the result, Guergis said n a statement to CBC News Network's Power & Politics. "I have instructed my counsel to appeal the decision.

"I believe Canadians would be disturbed. The average Canadian doesn't believe politicians or their staff etc., should be above the law.

Guergis resigned after a news report recounted a 2009 dinner she had attended with Jaffer and his business associates. It was alleged that they partied with "busty hookers." Later that night, Jaffer was busted for impaired driving and cocaine possession. Jaffer pleaded guilty to careless driving and the cocaine charge was dropped.

Though she was subsequently cleared in an RCMP investigation requested by Harper, she was frozen out of the government. Besides losing her post as minister of state for the status of women, she was turfed out of the Tory caucus and ultimately barred from running again as a Conservative in her southern Ontario riding of Simcoe-Grey.

In a decision released Friday, Ontario Superior Court Judge Charles Hackland said it's beyond the court's jurisdiction to review who the prime minister can appoint or dismiss.

"The subject of this alleged conspiracy is conduct protected by the doctrine of Crown prerogative and is, therefore, beyond the jurisdiction of this court," Hackland wrote, according to the Toronto Star.

"The plaintiff's removal from caucus is similarly protected from review by the doctrine of parliamentary privilege and, on the same basis, is beyond review by this Court."

Besides tossing out the claim against Harper and senior advisers Guy Giorno and Ray Novak, Hackland dismissed claims against Labour Minister Lisa Raitt and a member of her staff, as well as defamation suits connected to allegations against her and claims against the Conservative party and one of its lawyers.

Neither Guergis, who lost a bid to regain her seat as an Independent in last year's federal election, nor her lawyers were available for comment, the Star said.

Although Hackland's ruling was based on the limit of his jurisdiction in the case, the judge suggested he didn't buy Guergis's conspiracy theory.

"I am of the opinion that the plaintiff's contentions are wrong and, if sustained, would render meaningless this important privilege," he said in his decision, according to the Post. "The prime minister would be required to answer, in court, for the political decisions he makes, as to the membership of his cabinet."

Guergis's permanent exile from the Tory government surprised some, given Harper's loyalty to some of his other ministers who've stumbled into scandal.

Even Maxime Bernier, who lost his foreign affairs portfolio in 2008 after leaving sensitive NATO briefing documents at the home of a girlfriend linked romantically to a notorious Hells Angels member, was allowed back into cabinet as minister for small business last year.

Guergis, a one-time beauty-pageant winner and daughter of a politically active family, was first elected to Parliament in 2004. She served as parliamentary secretary for international trade before being named secretary of state for foreign affairs and international trade in 2007. The following year she was handed the status-of-women portfolio.

She came under criticism for publicly announcing in advance then-Liberal leader Stéphane Dion's plans during his visit to Afghanistan. Her move went against an established policy, for security reasons, not to reveal details about politicians' itineraries during visits to the war zone.

In early 2010, Guergis got in hot water after throwing a temper tantrum at Charlottetown airport while going through security screening after arriving late for a flight to Montreal.

Soon after, she got caught up in a flap over a letter-writing campaign praising her abilities to newspapers in her riding. It was revealed the letters were written by people connected with her staff and the Conservative party. Guergis blamed her executive assistant for not declaring the affiliation.

But it was unspecified allegations of wrongdoing against Guergis and her husband that led Harper to pull the plug in April 2010, based on a claims by private investigator Derrick Snowdy, who was looking into the activities of a Toronto businessman tied to Jaffer.

Guergis still has a defamation lawsuit active against Snowdy.

Guergis came under scrutiny by the federal ethics commissioner when it was alleged that she violated conflict-of-interest laws by improperly promoting a waste-management company to local officials in her riding. The commissioner also looked into whether Guergis and Jaffer obtained a mortgage on their $880,000 Ottawa home without a down payment.