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Alberta Health Services removes man accused in lawsuit of legislature harassment from legal advisory role

Alberta Health Services removes man accused in lawsuit of legislature harassment from legal advisory role

CBC
Friday, October 29, 2021 07:09:31 PM UTC

Alberta Health Services has removed Ivan Bernardo, the man accused of sexual harassment in the legislature, from his role providing legal services to the organization and its board of directors. 

Bernardo has been named in a lawsuit against the office of the premier. The lawsuit alleges that while Bernardo was principal advisor to then-health minister Tyler Shandro in the fall of 2020, he made a sexual comment to a female staff member — and that complaints surrounding his conduct were not dealt with appropriately. 

The lawsuit, first reported by CBC News, was filed by Ariella Kimmel, who had worked with Jason Kenney's United Conservative Party government since it won election in spring 2019. Kimmel was working as the chief of staff to the minister of jobs, economy and innovation, Doug Schweitzer, from August 2020 until she was fired in February 2021. 

She alleges she was fired for speaking out about the sexual harassment incident and other questionable conduct in the building such as excessive drinking by ministers and staff. None of the allegations have been proven in court.

Bernardo left the legislature in December to return to practising law, for the firm Miller Thomson. Two months later, he joined his firm's team on a long-standing retainer advising the province's health authority, AHS. He is not an AHS employee.

"AHS communicated this morning [Thursday] to Miller Thomson advising that Ivan Bernardo is not authorized to work on any AHS files effective immediately," AHS said in a statement to CBC News. 

Health Minister Jason Copping said the AHS board also informed him of their decision on Thursday. 

"There are serious allegations that have been put forward," Copping said. 

"They've indicated to me that they have asked the firm for which this individual worked for that they be removed from the AHS file while this matter is being addressed."

CBC News has reached out to Bernardo for comment on the details contained in this story. He previously indicated he could not comment on a matter before the courts but said he looked forward to providing testimony about the allegations should he be called upon. 

Kimmel's statement of claim says last fall multiple people were made aware of a complaint about Bernardo, in which he was alleged to have told one of Kimmel's staff members: "I haven't seen you on this floor before because with a body like that, I would have noticed you."

The document says insufficient action was taken after that particular complaint was escalated to members of the premier's office, and alleges Bernardo was known to have been inappropriate with other women in the legislature.

Another woman who worked in the building alleges Bernardo was also inappropriate with her and says her complaint was dealt with the way she requested. 

"At or around the same time as the allegation contained in the claim, I reported a personal incident of sexual harassment regarding Ivan Bernardo. The premier's office immediately contacted me and handled the matter with compassion and professionalism. At no time did I feel unheard or dismissed. To the contrary, this matter was handled and resolved to my satisfaction," she said.

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