Problem to be addressed: Canada’s current legal framework for
whistleblowing is outdated and out of step with internationally recognized
best practices. The most serious deficiencies are 1) lack of protection for
public sector whistleblowers, either at a federal or provincial level, and 2)
an almost complete lack of coverage of the private sector.
Most of the current legislation focuses on procedures for handling
allegations of wrongdoing, rather than on protection for the whistleblowers.
At the federal level, the Public Servants Disclosure Protection Act (PSDPA)
created two new agencies: (1) the Office of the Public Sector Integrity
Commissioner and (2) the Public Servants Disclosure Protection Tribunal. Only
the Tribunal can provide whistleblowers with a remedy, but access to the
Tribunal is controlled by the Integrity Commissioner. The effectiveness of
this mechanism has been brought into question, as the Commissioner has
referred only seven whistleblowers to the Tribunal, and no case has yet
reached the point where the Tribunal could order a remedy for the
whistleblower.
One example of the shortcomings of the PSDPA is that the onus is on the
whistleblower to prove that adverse actions were intended by the employer as
reprisals: an almost impossible task. Best practice is to reverse the onus by
requiring the employer to prove that adverse actions against the
whistleblower were not reprisals.
Of the six provinces that have whistleblowing laws, only one (Ontario)
provides a mechanism for whistleblowers who have suffered reprisals to seek a
remedy. None of Canada’s whistleblowing laws contains adequate measures for
preventing or halting reprisals in the first place, before the whistleblower
suffers serious harm.
There is virtually no coverage of the private sector in Canadian
whistleblowing laws. The federal law (the PSDPA) does not address private
sector wrongdoing. For the public sector wrongdoing that it does cover, the
PSDPA does not allow private sector participants to be either investigated or
sanctioned.
There are currently no steps being taken to bring Canadian laws in line with
best practices per Canada’s G20 commitment. The PSDPA, which came into
force in 2007, requires that the President of the Treasury Board conduct a
five year review of the legislation and report on the review to Parliament
and the Senate. Despite this legal obligation, no review has been conducted
to date.
Main Objective: Demonstrate a commitment to creating a strong federal
legislative framework that will enable workers in both the private and public
sectors to speak up about wrongdoing, risk or malpractice without fear of
reprisal; and work with the provinces to provide similar frameworks at a
provincial level.
OGP Challenge Addressed: Improving public integrity, improving public
services, increasing corporate accountability
Verifiable and measurable milestones to fulfill the commitment:
Conduct a formal and independent review of the Public Servants Disclosure
Protection Act, with substantive input from civil society and
internationally-recognized experts, and publicize the recommendations of the
review (August 2017)
Draft and table amendments to existing federal law to afford whistleblower
protection to all cases of wrongdoing involving government resources,
regardless of the employment status of the participants (public or private
sector) (2018).
Launch a public consultation on the development of a federal whistleblower
protection law that covers private sector wrongdoing (2018).
Establish a dialogue with the provincial governments and agencies,
particularly those without whistleblower protection laws, to discuss how to
enhance whistleblower protection in these jurisdictions (2017).
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Comments
Why are get being dragged…
Submitted by Melissa Power on January 07, 2021 - 11:14 PM
Why are get being dragged when it comes to a full circle whistle blowing process? Protection is crucial in order for whistle blowing to occur in the first place.
Private citizens should be…
Submitted by Julia on November 26, 2020 - 7:19 AM
Private citizens should be offered whistleblower protection. Do you know that Toronto Police employees who befriend health professionals, teachers and members of regulatory and oversight committes usually threaten people who complain against their friends?
When you complain to the Police Oversight body, the Toronto Police downplay the complaint, though if Joe did such a thing (threaten a complainant), they would be in jail.
Ce texte n'est pas…
Submitted by Version frança… on October 11, 2020 - 3:13 PM
Ce texte n'est pas disponible en français, même lorsque je sélectionne le français comme langue de navigation sur le site.
Je vous demande de respecter la loi sur les Langues Officielles et de rendre ce texte disponible en français.
Merci,
The Alberta dental authority…
Submitted by Michael Y Zuk DDS on April 21, 2020 - 2:38 PM
The Alberta dental authority uses its powers to crush publications that notify the public of harmful activities within the profession which are confirmed by internal publications. The over-treatment of unsuspecting dental patients is documented. The ADA&C lawyers take the position that notifying the put of these concerns 'harms the integrity of the profession' and is therefore professional misconduct. Where does this place protection of the public trust in their balancing act of relative importance?
Please consider in earnest…
Submitted by Andrew on March 17, 2020 - 1:09 AM
Please consider in earnest adding amendments relative to "community based' and/or derived whistle-blowing. One does not always have to be public, or private sector to be privy to "clandestine," or "secretive" information.
Thank you.
I volunteer on the board of…
Submitted by Lauri Sue on February 15, 2020 - 9:30 PM
I volunteer on the board of a religious organization. We want to create a policy to protect whistleblowers, but don't know where to start. Is there a template or outline we should follow?
I fully support TI Canada
Submitted by Alyson Mosher on June 26, 2018 - 2:02 PM
"great gains"
Submitted by Pamela Forward on June 05, 2019 - 9:49 PM
"great gains"
Submitted by Pamela Forward on June 05, 2019 - 9:49 PM
I support the proposed
Submitted by Janet McDonald on May 01, 2017 - 4:46 AM
I fully support TI-Canada’s
Submitted by David Hutton on May 27, 2016 - 4:59 PM
Galen Weston
Submitted by Todd on July 13, 2019 - 8:26 PM
Please help. Our family is
Submitted by Dave simetic on October 17, 2017 - 2:59 PM
Hi Dave,
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I fully support TI-Canada’s
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I fully support the
Submitted by John Ritchie on May 13, 2016 - 3:24 AM
A strong free, free press is
Submitted by Claire Woodside on May 12, 2016 - 4:13 PM