P.E.I. whistle blower bill flawed, leader admits
P.E.I.'s Opposition leader agrees that whistle blower legislation she introduced just before the fall session of the legislature ended has a fundamental flaw.
Olive Crane's bill aims to protect anyone who works for government if they come forward with things they see, or information they have, of something that is either illegal or against government or departmental policy.
But under the bill, any employees who do come forward and believe they were then punished for it would bear the onus to prove it.
Whistle blower legislation experts say the pressure should be on employers to prove there were no reprimands.
If the onus is still on themselves to prove that there's harassment they are still very vulnerable.
OLIVE CRANE
David Hutton, executive director of FAIR, a charity organization in Ottawa that monitors watchdog legislation around the world, said Crane should consider an amendment.
"In other jurisdictions, what they do is if there are any adverse actions against the employee after they have made a disclosure, then the onus is on the employer to prove that it was not a reprisal," said Hutton.
Employees often don't have access to the evidence they need to prove their case, he said. That's why it's important to put the onus on employers to prove there wasn't any improper discipline.
Olive Crane agrees her bill needs to be reworked and said she'll be contacting Hutton for help.
"I think that whatever we can do to make the act so people will actually feel comfortable bringing information forward," said Crane.
"People are really, really fearful that when they do go back to work. If the onus is still on themselves to prove that there's harassment they are still very vulnerable."
Crane says she's hoping to get government unions on board. If she can, she believes the Robert Ghiz government will have no choice but pass her bill when it comes up for a vote in the spring.
