A case that brought about new legislation to protect whistleblowers
The Gualtieri Saga
For many years, the case of Mrs. Gualtieri has been cited as an example of the fate reserved for whistleblowers within the federal public service, especially during the tumultuous period of the sponsorship scandal.
This case even forced the federal government to adopt a new law to protect whistleblowers. That bill, C-11, was adopted with the support of all political parties in October 2005. Since its adoption, the law has been criticized by organizations fighting for the rights of whistleblowers, because the government had taken away, at the same time, the right of a public servant to file a lawsuit against its employer, the government.
NDP Member of Parliament Paul Dewar argued, in June 2008, that despite of the adoption of this law to protect whistleblowers and the creation of a new Integrity Commissioner, the Conservative government had not fulfilled its promise to put an end to the harassment of public servants disclosing wrongdoing. At the time, Mr. Dewar also raised the cases of seven other public servants who had stepped forward as whistleblowers.
“The case of Joanna Gualtieri shows the shortcomings of the Canadian system created to protect whistleblowers, and demonstrates the fact that the government broke the promise made to our conscientious and honest public servants” said Mr. Dewar.
No improvement
Since then, FAIR, an organization founded in Canada by Mrs. Gualtieri and other whistleblowers, has criticized the work done by the The Office of the Public Sector Integrity Commissioner of Canada which, after two annual reports, remains unable to pinpoint even one case of wrongdoing within the federal government.
“All investigations remain secret. In our opinion, whistleblowers are in an even worse position now than before the law was adopted, because public servants have lost the right to file a lawsuit against their employer”, concluded Mr. Hutton yesterday.
Original article on Le Droit website
(This is a translation from the original)
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