Reference Number: CBSA-FW-2021-Q3-00001
Organization: Canada Border Services Agency
File Identification Number: ID-2122-02
File Identification Date: 2021-05-07
Findings and Conclusions: a gross mismanagement in the public sector; a serious breach of a code of conduct established under section 5 or 6
Case Description: The Canada Border Service Agency’s (CBSA) Senior Officer for Internal Disclosure (SOID) received a disclosure of wrongdoing under the Public Servants Disclosure Protection Act, alleging wrongdoing under section 8 (c) (gross mismanagement) and (e) (a serious breach of the CBSA Code of Conduct).The investigation resulted in findings of wrongdoing for a Chief and a Superintendent at a port of entry, for serious breaches of the CBSA Code of Conduct whose cumulative effect constituted gross mismanagement. The Superintendent was found to have harassed staff over a number of years through aggressive, abusive behaviour, vulgar remarks, and sexual harassment. The Chief demonstrated a failure in leadership by not taking appropriate action, over an extended period of time, to deal with the unacceptable conduct of the Superintendent. This resulted in a negative effect on the work environment at the port of entry.
Recommendations and Corrective Measures: The SOID recommended that the CBSA implement corrective measures and disciplinary actions guided by the quantum of discipline. The SOID further recommended that the CBSA consider the need for management, leadership, harassment, and workplace violence training, for the Chief or more broadly as determined to be appropriate. Finally, the SOID recommended that the appropriate actions be taken to restore the work environment at the port of entry. The Superintendent resigned prior to the investigation’s conclusion. The President of the CBSA accepted the recommendations of the SOID. Actions are being taken by the CBSA to implement appropriate corrective measures and disciplinary actions.