What's Wrong with the Public Servants Disclosure Protection Act

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

An excerpt from FAIR's detailed analysis of Canada's federal whistleblower protection law. See the full text here:
What's Wrong With the PSDPA (pdf)
Les faiblesses de la LPFDAR (pdf)

List of Key Problems

1) The scope of the law is very narrow

  • For members of the Armed Forces, CSIS or the RCMP, the protection from reprisals is either limited or non-existent
  • Government misconduct involving the private sector cannot be investigated properly
  • The law does not address private sector misconduct at all

2) The range of avenues (for seeking investigation and redress) has been restricted rather than expanded

  • All means of access to our normal courts are blocked
  • There is little protection against bullying and harassment – for any employee
  • Going public or disclosing to the media is strictly prohibited in most circumstances

3) The coverage of wrongdoing excludes most real-life situations

  • Restrictive definition of wrongdoing
  • Jurisdictional reasons for refusal to deal with disclosures
  • Other vague and subjective reasons for refusal to deal with disclosures

4) The provisions for investigations and corrective action are weak

  • The Commissioner is restricted to a reactive, fragmented approach
  • There is no reliable mechanism to correct wrongdoing or discipline wrongdoers

5) Most complaints of reprisal are likely to be rejected

  • Jurisdictional reasons to reject a complaint of reprisal
  • Short time limit to file a complaint
  • Definitional reasons for rejection of a complaint
  • The Commissioner need not refer any case to the tribunal
  • Non-government whistleblowers effectively have no protection

6) The tribunal is unlikely to protect anyone

  • Near-impossible burden of proof
  • Lack of legal assistance
  • No access to courts
  • Inadequate penalties and remedies

7) The entire process is shrouded in impenetrable secrecy

  • Access to Information
  • Misclassification of documents
  • Secret hearings
  • Decisions need not be filed with federal Court
  • Gag orders

8) The legal strategy is perverse and ill-conceived

  • The law is unwieldy, complex and costly
  • OPSIC’s Track Record
  • Disclosures of wrongdoing
  • Complaints of reprisal
— End of Excerpt —

See the full text here: 
What's Wrong With the PSDPA (pdf) 
Les faiblesses de la LPFDAR (pdf)

Other Sources Of Information

  1. The Public Servants Disclosure Protection Act Explained 
    A concise, plain English explanation of the main whistleblower provisions of the Federal Accountability Act.
  2. The Whistleblower's Handbook: 
    How to be an Effective Resister. By Professor Brian Martin.
  3. OPSIC performance 2007-2010 
    Statistics and graphs showing the performance of the OPSIC during its first three years of operation.
  4. OPSIC case rejections 2008-2010 Statistics and graphs showing the reasons given by OPSIC for refusing to deal with cases.
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