This piece first appeared in the Hill Times on March 20, 2017.
Whistleblowers are not well understood. They are under tremendous pressure and are faced with resolving their own personal belief in doing the right thing with survival. This affects them at work and at home.
The whistleblower may be faced with a number of situations: from blowing the whistle perhaps on the use of chemicals that have polluted the water table of neighbours, to blowing the whistle on financial fraud, to blowing the whistle on major and critical problems, such as in the Phoenix pay system.
The following is written from the perspective of a person who could be facing this type of dilemma and who is trying to decide what to do.
What should I do? I tried to bring up the problem to my manager. He listened, promised that action would take place but nothing happened. I know that he is concerned about taking a stand as that could end his career.
I am alone, isolated with no one to talk to or willing to support me. Since I spoke up, I am watched, my work closely scrutinized. Every word that I say can be used against me.… Read the rest
Posted by Allan Cutler on March 30, 2017
This piece was first published in the Hill Times on March 20, 2017.
The House Government Operations Committee deserves kudos for taking the bull by the horns in its review of Canada’s failed system for protecting government whistleblowers. This week the committee will hear from no less than four experts representing countries that have much better laws: the U.S., U.K., Australia, and Ireland.
The comparisons these experts can offer will be eye-opening, since the Canadian system simply does not protect whistleblowers from reprisals. In more than 10 years not a single truth-teller has been awarded a remedy by the Public Servants Disclosure Protection Tribunal (the only body that can do so), and not a single aggressor has suffered consequences for taking reprisals.
In Canada, it’s more dangerous to kick a dog than to destroy a whistleblower’s life. If you attack a helpless animal, someone might see you. A video of the incident might go viral online, and you might face public outrage and damage to your reputation, even your career. But if you destroy a whistleblower’s life in plain sight—through bullying and harassment, unfair dismissal and blacklisting—it’s unlikely that you will face any consequences.
Even if you are reported to our Public Sector Integrity Commissioner and he decides that reprisals took place (which he rarely does) he has the power (which he almost always uses) to block the tribunal from taking any action against you.… Read the rest
Posted by DavidH on March 27, 2017
This piece first appeared in the Hill Times on February 27, 2017.
When examining the sorry track record of the Public Sector Integrity Commissioner’s Office, it’s easy to overlook those primarily responsible: it was Privy Council Office (PCO) and the Treasury Board Secretariat (TBS), working mostly behind the scenes, who—intentionally or not—set up PSIC to fail. Here’s how it was done.
The Role of Treasury Board:
Treasury Board drafted faulty legislation
Given the wide range of serious shortcomings in the Public Servants Disclosure Protection Act (PSDPA), it’s difficult to believe that the drafters intended it to work—unless they were completely oblivious of best practices and other jurisdictions’ experience.
The most glaring example of this is the absence of a ‘reverse onus’ provision. The PSDPA puts the onus on whistleblowers to prove that the actions taken against them were reprisals—an almost impossible task. Effective whistleblowing laws shift the burden of proof to the employer to show that adverse actions were not intended as reprisals. This has been well understood for literally decades—since the disastrous experience of the Merit System Protection Board (in the U.S.) in the early 1980s. Without a reverse onus, of the first 2,000 whistleblowers who submitted claims of reprisal, only four prevailed.… Read the rest
Posted by DavidH on March 11, 2017