PSDPA

CBC "As It Happens": the Conservatives' record on whistleblower protection

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David Hutton
David Hutton

CBC Radio – May 17, 2012

Carol Off interviews David Hutton on the subject of Canada's federal whistleblower protection, the Conservative government's track record on this issue, and the now-overdue five-year review of the law.

Five years ago the government introduced legislation to protect public service employees who come forward with a complaint or a claim of wrongdoing. The law was billed as the “Mount Everest” of whistleblower protection. Well, now the mountain is in danger of becoming a molehill.

Whistleblower protection under Mario Dion: a chronology

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Mario Dion

The following is a chronology of events related to the Public Servants Disclosure Protection Act (PSDPA) and its implementation by the Office of the Public Sector Integrity Commissioner (PSIC) under the leadership of Mario Dion.

Dion's appointment as Public Sector Integrity Commissioner for a 7-year term was confirmed by Parliament on 14 December 2011, following two six-month terms as Interim Commissioner. 

Whistleblower protection under Christiane Ouimet: a chronology

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Christiane Ouimet

The following is a chronology of events related to the Public Servants Disclosure Protection Act (PSDPA) and its implementation by the Office of the Public Sector Integrity Commissioner (PSIC) under the leadership of Christiane Ouimet.

Christiane Ouimet's appointment was approved on 19 June 2007. She resigned on 18 October 2011, less than halfway through her 7-year term.

The costs of Canada's failed whistleblower regimes

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Over the past 11 years since 2002, federal whistleblower agencies have cost the taxpayer more than $35 million for very little return, mainly due to toothless laws and faulty administration.

During this time the annual costs have escalated, from about one million per year to more than eight million – for a system that has produced almost no results in spite of receiving hundreds of complaints from whistleblowers.

What's Wrong with Canada's Federal Whistleblower Legislation

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An analysis of the Public Servants Disclosure Protection Act (PSDPA)

The Public Servants Disclosure Protection Act is a complex piece of legislation with real potential to harm whistleblowers rather than assist them.  The following is a list of some of the Act’s main shortcomings, as identified by FAIR’s in-depth analysis over the past five years.

Departmental Performance 2007-2011

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Executive Summary

  • The departmental system for disclosure of wrongdoing is little used: each year less than one employee in a thousand makes a disclosure although 10% or more of employees have likely witnessed misconduct that they consider serious.¹
  • Some large employers stand out as having ineffective implementation. For example, four departments,² between them employing 140,000 public servants, have yet to find a single case of wrongoing in four years. We estimate that these departments have spent more than $300 billion in that time, yet they have been unable to find a cent misused or misappropriated.
  • Departments that uncover wrongdoing tend to be secretive about the details: the required published reports often contain little or no information beyond the fact that some type of misconduct was uncovered. In some cases we were unable to find the legally-required reports on departmental websites.
  • With a few exceptions, where information is provided, the wrongdoing reported usually seems relatively minor and involves low-level employees.

Interview: Health Canada Whistleblowers Honoured

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Drs. Shiv Chopra and Margaret Haydon

CBC The Current – November 22, 2011

CBC: The Professional Institute of the Public Service called it a sad day for federal employees worried about the safety of Canadians. This summer, the labour relations board ruled against two out of three Health Canada scientists who lost their jobs in a long battle over whistle blowing.

Doctors Shiv Chopra, Margaret Haydon and Gerard Lambert went public with their concerns that bovine growth hormones might be a risk to human health. In the end, the hormone was never approved for use in Canada.

Government Guts Its Own Anti-Corruption Law

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Christiane Ouimet

David Hutton – October 28, 2011

The government has recently taken steps to ensure that the only wrongdoer ever exposed by its five-year old whistleblower law will never be punished. By doing so it has in effect gutted its own anti-corruption legislation, the whistleblower protection that was the centrepiece of its vaunted Federal Accountability Act.

The wrongdoer in question is disgraced former federal integrity commissioner Christiane Ouimet whose misconduct was exposed in a scathing report by then auditor general Sheila Fraser, following an intensive two-year investigation.

Canada’s Whistleblower Act whistling in the wind

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Duff Conacher – June 23, 2011

It has been five years now since an Act was passed requiring all government institutions to legally-provide whistleblower protection. How well is it working?

Just last week, the Globe and Mail reported that, for three national security institutions, “five years after Parliament ordered federal departments to protect whistle-blowers . . . soldiers and spies still lack crucial protections that would allow them to highlight wrongdoing without risk to their careers.”

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