A man of courage

Last week I had the honour to accompany Hugh Danford, a whistleblower of great courage, to the Office of the Public Sector Integrity Commissioner. Hugh is a former pilot with many, many years in the cockpit and who served as an aviation safety inspector at Transport Canada from 1996 to about 2004.

Following a 1999 crash in Davis Inlet which killed 22 year-old Damien Hancock, Mr. Danford prepared a report documenting Transport Canada management’s failure to act against the pilot (the Hancock report). This pilot had already crashed four times and had a long history of other violations. The Hancock report also noted that Transport Canada was not implementing a Transportation Safety Board recommendation and that Transport Canada was negligent and in part responsible for the death of Damien Hancock.

As punishment for speaking out persistently, Transport Canada senior management employed a tactic which has been well described in literature on whistleblowing: dubbed the “nuts and sluts” approach, there was a concerted effort to represent Mr. Danford as mentally unstable (women are sometimes represented as promiscuous). He was also described as insubordinate. At one point, Transport Canada management ordered him arrested on unfounded allegations that he had made a death threat. The charges were dropped shortly thereafter, but the point had been made to Mr. Danford and other employees of Transport Canada. Ultimately, he was forced out of Transport Canada.

Since then, other aircraft crashes have occurred and similar concerns raised about Transport Canada oversight, including the controversial “Safety Management Systems” it uses. SMS, critics argue, puts industry in charge of its own oversight – leaving the fox in charge of the henhouse.

There is substantial evidence that Mr. Danford’s criticism’s are well founded. For example, 163 people died and 55 were injured in 86 Canadian aviation accidents since April 21, 2009. He also reports that 36 people have died in 15 aviation accidents since July 1 this year.

Mr. Danford has made many attempts to have his concerns and the reprisals addressed, all without success. In his latest, I accompanied him in a meeting with the Interim Public Sector Integrity Commissioner, Mario Dion. We offered a letter of support to the Commissioner.

It was an interesting meeting. Mr. Danford is a colourful and passionate man, and dressed in full Scottish regalia for the occasion. Some seem to have found this peculiar, and perhaps even a sign of instability. I do not, however. His goal was to make a statement, and to attach some ceremony to it. This would be the last time he tries to play their game (and it is a game, designed to frustrate whistleblowers and cover up wrongdoing).

He made his case to Mr. Dion, who was patient and listened attentively. Indeed, his very presence was a huge improvement over the previous Commissioner, Christiane Ouimet – who would never have bothered. Ouimet, you may recall, retired in disgrace after a damning Auditor General’s report on her conduct. She still got a $534,000 payout in hush money, though.

Mr. Dion made it clear that he was limited in what he could do as he couldn’t overturn previous decisions (no matter how wrong-headed), and said that he had heard other negative reports about Transport Canada. He would, he said, try to connect the dots to come up with a plan of action both to help Mr. Danford and to address the aviation problems Mr. Danford raised.

It’s hard to tell whether these were just empty words to comfort a man who has been led down the garden path so many times before – I suppose time will tell. But I am not optimistic.

First of all, Mr. Dion is right about his limited ability to act to protect Mr. Danford. Too much time has passed. But the aviation concerns remain, and there’s no reason why an inquiry couldn’t be called now.

Second, it came up that Bill Elliot, former RCMP Commissioner, was directly involved in the reprisals against Mr. Danford – and had, apparently, made the order for the false arrest. Mr. Elliott has a track record for abusive management, as Canadians learned last year. It was widely reported in the press that many of his subordinates had made complaints of harassment. I have also heard through other sources that he has a government-wide reputation as a screamer and at one point had to go on a $44,000, three day course on ethics and integrity.

So when Mr. Dion began referring to him as “Bill”, I was a little concerned. It suggested familiarity – as if they were old buddies. It certainly didn’t strike me as professional, and reinforced my belief that senior executives in government are a club in which only those who pass certain tests are admitted. Rigid ethical standards are, in my cynical experience, an automatic disqualifier.

But none of this takes away from the fact that Mr. Danford did something so few have the courage to do, and did it despite his own well-founded fears of reprisal. I could tell that he was nervous, and I could tell that he was deeply hurt and disappointed that so few people were willing to stand by him and report on his efforts.

Perhaps he will take it with some sense of vindication that the CBC’s The National will be reporting on aviation safety (again) on Wednesday, November 9, and on Radio-Canada’s Enquête on November 17. (Note that you can watch a podcast if you miss it.)

In any event, I don’t think this will be the last time we hear from him. Unlike those who covered up the problems and made reprisals against him, he is a man of principle and determination. And we should thank him for that.

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Hugh Danford’s summary of the Davis Inlet crash and the events afterward
Safeskies, April 21, 2009
Summary: “I am here today to speak to the historic and on-going “Lack of Regulatory Supervision” that has resulted in the death of innocent lives over the past ten years.  Today I want to make sure that everyone on both sides of the House knows who Damien Samuel Hancock was and how he died when they stand to vote for Bill C-7…”

Jonathan Huggett’s testimony at the Aviation Safety Round Table
Safeskies, April 21, 2009
Summary: “I find I should tell you, I am a professional engineer. I have spent my life, the last 38 years, in and around government in Canada, the United Kingdom and the United States.  I don’t think I have ever seen a more inept, disgraceful, incompetent bunch of people than the senior management of Transport Canada in all of my life. It is unbelievable to me that that group of people can be allowed to continue…  I would say that Transport Canada senior management is every bit as bad as the senior management of the RCMP were, and it is clearly one of the most important things that could happen – is the replacement of that management en masse, because they foster a culture of arrogance, of failing to do their job and really a most unfair and unhealthy atmosphere that is costing people their lives…”

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A growing need for change

The papers have been filled with accountability stories. Or rather, the lack of it in the face of obvious corruption or mismanagement.

From Quebec, the stories are all about the construction industry corruption inquiry. This has been brewing for months, and almost died. Premier Jean Charest, who had been taking the heat for a while – what with his $75,000 second salary form the Quebec Liberal Party, paid for by who knows whom – was starting to breath easier. He was even rumoured to be considering an election.

But then a new report was leaked, and it was damning. It linked organized crime to construction and argued that even the financing of political parties was corrupt.

Charest tried to keep resisting an inquiry, but people were having none of it. There was even a growing protest. So he tried to do the next best thing: formulate an inquiry which would be toothless, one where there would be no power to subpoena witnesses.

This is a classic cover-up tactic, frequently used after whistleblowing.

But again, the public was having none of it. Perhaps, as one pundit said, Quebec is a cow that has been milked too long and too hard, and is getting ready to kick the farmer. Organized crime, that is.

Time will tell whether the inquiry actually does what people will want it to do. Chances are that Charest is still working to emasculate it. After all, he’s fired the author of the embarrassing report, which does much to show his real motives.

In Ottawa, on the other hand, Prime Minister Stephen Harper is doing everything he can to avoid anything remotely embarrassing getting out at all. Even the Auditor General’s report on the now-infamous Christiane Ouimet has been buried as more and more work is being done behind closed doors and out of sight of the pesky public. David Hutton of FAIR wrote a short but powerful piece on this in Ottawa’s Hill Times.

In the long run, his strategy will fail. In creating an environment where there are no legitimate avenues to blow the whistle, people will start to use more anonymous means. This is inevitable, I think, because people are coming to expect government transparency and be suspicious when it is not forthcoming. So when a story does break – perhaps if/when the G8 funding fraud story finally gets some traction – the Tories will look doubly bad.

The lesson from Quebec and Ottawa should be that it’s always best to deal with problems as quickly and openly as possible. But of course, these dinosaurs don’t see it that way. Charest is now paying the price, and sooner or later Harper will too.

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Construction inquiry: Justice France Charbonneau will have subpoena powers
Montreal Gazette, October 22, 2011
Summary: Transport Minister Pierre Moreau indicated Saturday that rather than reconstituting the Charbonneau Commission under Quebec public inquiries act, the Charest government intends to grant Charbonneau the power to subpoena witnesses on an ad hoc basis.

Mafia reach includes politicians, construction industry
Montreal Gazette, October 27, 2011
Summary: Quebec is like a cow that has been milked too hard for too long, and it is now getting ready to give the farmer a kick in the head. For decades, the Mafia and their friends have been pulling at the teats, taking the cream from rigged government contracts while politicians look the other way and the highways crumble. But Quebecers have had enough, and the government of Jean Charest is being forced to take on the five per-cent men who dip their beaks in every tarpot in the province.

Quebec’s anti-corruption crusader Duchesneau gets the axe
The Globe and Mail, October 28, 2011
Summary: Jacques Duchesneau, the outspoken investigator whose exposé of well-oiled corruption in Quebec’s construction industry put the Liberal government on the defensive, has been fired.

Mafia reach includes politicians, construction industry
Montreal Gazette, October 27, 2011
Summary: Quebec is like a cow that has been milked too hard for too long, and it is now getting ready to give the farmer a kick in the head. For decades, the Mafia and their friends have been pulling at the teats, taking the cream from rigged government contracts while politicians look the other way and the highways crumble. But Quebecers have had enough, and the government of Jean Charest is being forced to take on the five per-cent men who dip their beaks in every tarpot in the province.

Government Guts Its Own Anti-Corruption Law
Hill Times (Ottawa), October 31, 2011
Summary: 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. (Subscribers only. Link goes to FAIR website.)

Clement, Baird to testify on G8 Legacy fund scandal this week
Hill Times (Ottawa), October 31, 2011
Summary: Treasury Board President Tony Clement and Foreign Affairs Minister John Baird will testify at the House Public Accounts Committee on Nov. 2 over accusations that Mr. Clement personally presided over the distribution of a $50-million G8 Legacy fund, moving requests for projects directly into his Parry Sound-Muskoka, Ont., riding through his political office in Huntsville.

Public Accounts Committees Shouldn’t Go In-Camera. It’s Not Right.
Hill Times (Ottawa), October 31, 2011
Summary: When the pundits start weighing in on the machinations of the Public Accounts Committee, it’s usually a bad sign. As the audit committee of the legislature, the Public Accounts Committee is mandated to review reports of the auditor general, and is supposed to function in a manner less partisan than other committees. (Subscribers only. Link goes to FAIR website.)

 

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Whistleblowers need not apply

Published in the Hill Times on October 24, 2011

It was last October that Christiane Ouimet resigned as the first Public Sector Integrity Commissioner. In three years, with a staff of over 20 with a budget of over $6.5 million, she was unable to find a single whistleblower in a public service over 400,000 employees.

In contrast, our organization, Canadians for Accountability – with a very limited budget and staffed only by volunteers – managed to meet and validated of over 100 potential whistleblowers in the same period. Not surprisingly, some of them had tried to report the situation to the Integrity Commissioner with disastrous results.

Recognizing the need to help people, I let it be known that I would be applying for the position of Integrity Commissioner when the opportunity presented itself. I felt that I could offer the right perspective in the job as very few people understand whistleblowing other than from a legal or academic viewpoint. And, on the other hand, many who do understand the issues don’t have the background or knowledge of the process and legal framework.

However, having now seen the Selection Criteria for the new Integrity Commissioner, I have decided not to apply.

This process, as with the previous process, is being run by the Privy Council Office. The PCO admitted at Parliamentary Committee that they decided last time that the fourteen applicants did not meet the original selection criteria.

Instead they searched within their inner circle and found Christiane Ouimet. The appointment was an abysmal failure.

I have every reason to believe that the process will be equally fair this time. In fact, according to unofficial sources, internal initiatives have already taken place.

There are other solid reasons to believe that I would not be chosen. Part of the Experience selection criteria requires “significant experience in building and sustaining effective relationships with stakeholders such as Parliamentarians, senior government officials and the media”. Very few people, other than senior Ottawa bureaucrats, would have this experience. I have done this – but I wonder whether my experience would be accepted. I am also amazed that they do not consider whistleblowers as stakeholders.

The “knowledge” requirements are equally revealing. You need knowledge of the Public Servants Disclosure Protection Act, the Parliamentary system, the legislative and policy context in the federal public sector (including disclosure of wrongdoing), conducting investigations and legal principles and dispute resolution methods. Again, knowledge of whistleblowing, the impact on people – their lives, work situations – and the trauma associated is not considered important.

The “abilities” section continues the flow. You have to be able to interpret statutes, regulations, analyze different opinions and viewpoints within the framework of the law, communicate orally and in writing and lead and manage an organization to reach ‘corporate objectives’. Once again an ability to empathize with, listen to, or understand trauma associated with whistleblowing is not considered important.

As for ethics, it gets only two mentions. First it is acknowledged as an acceptable field of study for educational purposes. It is inserted between law and public administration. Second,  it is mentioned within the knowledge requirement but requires an understanding of the ‘framework’ (i.e. process) in government not the subject matter.

PCO will get what it wants. The qualifications are such the best type of candidate needed – one who understands the issues, the people involved and the need to improve the situation – will one by hired by luck. Based on past history and the culture in Ottawa, the odds are slim.

Furthermore, fighting against the status quo (and someone had to do it) meant that neither I nor anyone in a similar situation would have the political connections necessary to gain support for my appointment. Those who would support me have no decision-making power.

In this appointment process, as in many endeavours, networking counts for more than knowledge or ability. So, as I am perceived as an antagonist by many in the system, even an unknown outsider would stand better odds than myself.

If that weren’t enough, word has it that I have been unofficially ‘blacklisted’.

This could have been the ideal fit. But, as the Gambler said, “You got to know when to hold ‘em, know when to fold ‘em”. This is a time to fold’ em. In any event, I prefer to have a job, albeit a volunteer job, where I can continue the fight for justice rather than becoming another bureaucrat that will be forced to defend the status quo. I prefer a position where I can help people rather than a position where I am constrained by policies. I prefer to focus on people rather than the legal framework.

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