Ian Bron and Allan Cutler
The following piece ran in the Hill Times on October 21, 2013.
We had hoped that that the Conservatives would commit to protecting Canadians values through the Throne Speech. We had watched and waited for improvements in existing laws already designed to protect these values. But we did not waste time in false hopes. There appeared to be something for everyone offered in the Throne Speech unless you are an advocate of truth, honesty and transparency in government. In fact, we did not witness anything that promotes openness and honesty in government. The following details some of the significant ‘lacks’.
1. A commitment to strengthen the Public Servants Disclosure Protection Act. The PSDPA came into force in early 2006, fulfilling a key Conservative promise. However, the seven years since have shown it to be wanting. The first commissioner, Christiane Ouimet, refused to seriously investigate any cases. Second, the PSDPA, and by extension the tribunal it created, is unlikely to protect any whistleblower, since the burden of proof to demonstrate reprisal is much too high. Whistleblowers also have no right of access to courts.
There are deep flaws including unwarranted secrecy and jurisdictional limits that allow public servants to avoid sanctions simply by resigning or finding a job outside of the public sector.… Read the rest