Calgary judge issues gag order against former head of police service's HR department
The former head of the Calgary Police Service's human resource department who describes herself as a "whistleblower" has been ordered by a judge to stop trashing the service online and to remove confidential information she posted to her social media accounts.
CPS sued Angela Whitney, accusing her of breaching her resignation agreement after Whitney made a series of posts on social media disparaging the service and revealing information about specific HR investigations.
"I have found that Ms. Whitney misused confidential CPS information and made disparaging comments about CPS and its personnel," said Justice Glenda Campbell in her decision delivered Tuesday afternoon.
Campbell ordered that Whitney — who served as HR director from 2019 until her resignation in 2021 — "immediately remove" the breaching posts from all social media platforms.
CPS has 'strong case' against Whitney
Whitney is also banned from making further public statements that are in violation of the 2021 severance agreement.
The proper forum for Whitney's complaints about CPS is through the Calgary Police Commission, a route proposed by CPS and supported by the judge.
Campbell found that CPS lawyer Michael Mysak has a "strong case" that Whitney breached her contract.
A full hearing will take place at a later date and in the meantime, Whitney is subject to an interim injunction.
The contract
In March 2021, while Whitney was on medical leave, she emailed co-workers, including a deputy chief, saying she wanted to resign.
In the email, Whitney requested four months of severance pay, which was ultimately agreed to by CPS.
Whitney received $60,000 and signed a confidentiality agreement, which prohibits her from disclosing information from CPS HR matters and prevents her from publicly disparaging the service.
Justice Campbell found Whitney "wrongly referred to agreement as an NDA" and claimed it was forced on her but in reality, she was given a chance to review the document, request changes and seek legal advice.
Her lawyer Nicholas Urie argued his client is a "whistleblower;" providing information that is in the public interest.
Police commission is proper outlet
In an effort to resolve the situation without going to court, CPS sent two letters to Whitney asking that she remove the "breaching comments" from social media.
The second letter also reminded Whitney that she could take her concerns "in an appropriate, confidential setting" to the Calgary Police Commission (CPC), CPS's governing body.
The judge agreed that the commission is the proper outlet available to Whitney.
"Ms. Whitney's remedy cannot be in the nature of the self-help she has exhibited," said Campbell.
In March, the CPC announced a third-party review of workplace conditions inside the police department following Whitney's public comments alleging the service was "rife with harassment, bullying and discrimination."
At that point, Whitney had not made a formal complaint but on Tuesday, Campbell said the former CPS employee would not be in breach of the injunction if she were to go to the commission with her concerns.
The interim injunction issued Tuesday will stay in place pending a full trial to determine if a permanent injunction will be
