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UPDATED: Public interest outweighs Sask. whistleblower’s privacy: commissioner

REGINA – Saskatchewan’s privacy commissioner recommends a care home and the Saskatoon Health Region apologize to a now-fired aide whose privacy they breached.

Ron Kruzeniski was also charged with looking into the actions of Premier Brad Wall’s office in releasing information to the media about Peter Bowden – but that’s beyond his jurisdiction.

According to Kruzeniski, the Freedom of Information and Protection of Privacy Act (FOIP) does not apply to offices of Cabinet ministers or the Premier’s office because they do not qualify as a government institution. Therefore, the office did not violate privacy protection laws.

Bowden was a care aide at Oliver Lodge in Saskatoon when he brought concerns about understaffing to the legislature in March. Soon after, he was suspended – resulting in allegations he was penalized for going public with his complaints.

READ MORE: Saskatoon whistleblower fired from care home

Kruzeniski recommends privacy laws be changed to include politicians and their staff.

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“Our legislators, the Premier, the Leader of the Opposition, all MLAs, should come together and fix this gap,” he told reporters.

The report says, in one instance, public interest in Bowden’s case outweighed privacy concerns because the care aide and Opposition NDP spoke to the media several times, which “placed the issue of his suspension in the public eye.”

Not a witch hunt

Bowden was one of the first health care workers to go on record about conditions in Saskatchewan care homes, saying understaffing at Oliver Lodge often put residents at risk of skin infections because they are left in soiled diapers and bedding for up to 10 hours.

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In an April 2015 e-mail, the government said Bowden had been disciplined for incidents related to patient care and “harassment of other staff and residents.”

“We didn’t follow the correct process that exists … that part was a mistake.” – Premier Brad Wall

On Tuesday, Wall admitted it was a mistake to release some private information to the media, even though the law doesn’t apply to his office.

Wall says the government will apologize to Bowden and pursue stronger privacy legislation “very quickly.”

WATCH BELOW: Premier Brad Wall explains how he’ll move forward with FOIP laws for his office and all Sask. MLAs (Aug. 18)

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“Even though I don’t think we’ll be able to review (the FOIP act) and pass it this fall, at the very least we should operate as if it applies to (politicians),” Wall said. “We will, I will, and I hope all MLAs will do the same.”

When asked about Bowden’s case Monday, Wall remained confident there was no wrongdoing by the government or health region.

“I just want to be clear to health care workers. That legislature is their legislature,” Wall said. “They should feel free to raise any concerns they have.”

Deputy NDP leader Trent Wotherspoon responded to the report, calling it a “damning indictment” of the Wall.

“This premier went off to basically cover his political arse and put his own personal interests ahead of the public’s interests on this front,” Wotherspoon said. “We find that wrong.”

Wotherspoon did say the NDP is willing to work with the Sask. Party government to quickly make changes to privacy laws to cover the actions of MLAs.

‘Mistake to come forward’

Bowden was terminated from his position at Oliver Lodge in mid-August. The Saskatoon Health Region insisted the firing “was not a result of his contacting either the media or political parties regarding his concerns with his place of employment.”

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Bowden was terminated from his position at Oliver Lodge in mid-August. File / Global News

Even after that statement and the premier’s comments, Bowden says the words offer little comfort – he feels it was a mistake to come forward.

“I have asked myself that question a dozen times,” he said. “Each time I always come back to the same answer: absolutely.”

With files from Global’s Joel Senick

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