Canada Whistleblowers

Mission
The purpose of this site is to provide a catalyst for support of public reform in Canada, focussing on the need for effective whistleblower legislation. Suitable legislation will be enacted and implemented effectively only if there is ongoing public pressure and scrutiny of the process.

This site provides resources for concerned citizens to:
 * obtain information about whistleblowing and its role in combatting corruption
 * learn about the experiences of whistleblowers and why such people need protection
 * learn about developments in Canada such as proposed legislation
 * find out how to take part in efforts to promote effective legislation.

Why This Is Important To You
Many public service scandals have come to light in Canada over the past several years, and these have received extensive, often sensationalist coverage in the media. However, there has been very little media coverage or public debate regarding what can be done to prevent such abuses in future. This is understandable: by comparison with revelations of wrongdoing, the work to prevent recurrences is much less newsworthy. Reform is a slow and often tedious process, involving the painstaking drafting and redrafting of lengthy bills by parliamentary committees.

However, it is essential that at least some members of the public pay close attention to this work, to ensure that it comes to fruition. As always, when changes are proposed there are powerful vested interests that favour the status quo. The history of whistleblower legislation in Canada is one of foot-dragging by politicians and bureaucrats alike, and draft legislation so flawed that it almost seems designed to fail.

Whistleblower legislation is not the complete answer to public service reform -- there are other reforms also required -- but it is a key component. With proper protections in place for whistleblowers, wrongdoing can be uncovered quickly and nipped in the bud. Without such protection, millions of public servants are muzzled by fear or retaliation, and senior people can avoid embarrassment by sweeping inconvenient facts (and people) 'under the carpet'.

Some Canadian Whistleblowers
The following people have all demonstrated the courage of their convictions by speaking up when they saw wrongdoing. Many helped exposed corruption that needed to be put right for the public good. A few have been recognized and publicly praised for their efforts -- but most have suffered from harsh retribution from their employers as a result of their actions. Their stories demonstrate the value of whistleblowers, and the absolute need for strong legal protection for these people.


 * Allan Cutler was a procurement officer with Public Works Department who refused to go along with improper procurement practices, and as a result suffered retaliation from management over the course of many years. The evidence that he painstakingly gathered during this ordeal led to the Gomery Inquiry.


 * Joanna Gualtieri exposed lavish extravagance in the purchase of accommodation abroad for staff in Foreign Affairs. More...


 * Shiv Chopra, Margaret Haydon, Gerard Lambert and the late Cris Bassude were Health Canada scientists who were sacked -- they say for speaking out about the dangers of mad cow disease and about the use of hormones and antibiotics in the food supply.

Brian McAdam's 30 year career in the foreign service ended suddenly in 1993 after he exposed corruption at the Canadian Consulate in Hong Kong and the infiltration of Chinese organized crime members and spies into Canada. His work saved the Canadian government an estimated $50 million, prevented the entry of over 1,000 organized crime figures such as Triad, Yakuza, and Mafia members into Canada, and revealed China's extensive  espionage activities in Canada, which have now been confirmed by Canada's intelligence service, Chinese defectors and others.

Note to contributors: Each entry should describe 1) the issue exposed, emphasising the implications for the public good 2) what was accomplished as a result of whistleblower revelations and 3) what they suffered as a consequence of their actions.

Prime Time Crime is a good resource for information about Canadian whistleblowers

The US experience
After the 1986 Challenger Shuttle disaster, the US public was outraged by revelations that many people had tried unsuccessfully to draw attention to known safety problems with the Shuttle. These people -- engineers within NASA and subcontractors -- had been ignored by NASA senior management, and as a direct result the lives of seven astronauts were lost. Further, those who had tried to speak up had been subject to various forms of harrassment and retribution, continuing even after the truth of their allegations was proven.

This experience led to a realization that whistleblowing can save lives as well as money, and that whistleblowers need protection. Without this, employers are free to cover up and suppress facts that are inconvenient, often with disastrous results.

Since that time, there has been a serious and sustained effort in the USA to create effective protections for whistleblowers. This effort cannot yet be considered 100% successful, and the protections that have been created for whistleblowers are under constant attack by vested interests. But the USA is far ahead of Canada in this respect and there is a lot that we can learn from their experience about what works and what doesn't.

More...

Adscam and The Gomery Report
The so-called Adscam is just the latest in a series of startling revelations about mismanagement or corruption in the Canadian public service. This particular scandal involved dubious contracts and illegal payments to advertising agencies favoured by the ruling Liberal government. Some of these funds ended up in the coffers of the Liberal Party in Quebec.

After years of inaction (and arguably cover-up) by the departments involved, the Auditor General investigated and confirmed that there were irregularities which she described as "scandalous". On February 19, 2004 a full public inquiry was set up, led by Justice John H. Gomery, charged with uncovering the facts and also making recommendations to prevent recurrences.

The Gomery Report, Part 1, which sets out the findings of the inquiry, was published on November 1, 2005. Gomery's recommendations will be set out in Part 2, to be published on February 1, 2006.

For our purposes, Part 2 is the critical document, since the soundness of these recommendations will influence the effectiveness of any subsequent reforms. In particular, it is important that the Gomery Report Part 2 should not endorse whistleblower provisions that are ineffective or even counterproductive.

The Story So Far
On March 22, 2004, the Liberal goverment introduced its first whistleblower legislation, Bill C-25 in response to the sponsorship scandal. This bill was widely criticized as being inadequate, and ultimately died on the order paper when the 2004 election was called.

Bill C-11 And Its Shortcomings
Bill C-11 is the second attempt in recent years to introduce whistleblower legislation through the Canadian parliamentary process.

The bill, introduced by Reg Alcock, President of the Treasury Board, provided for the Public Service Commission to be the body responsible for protecting whistleblowers, rather than an independent commissioner. During hearings by the parliamentary committee responsible for reviewing and amending Bill C-11, this provision was condemned, virtually unanimously, by whistleblowers and experts in whistleblower legislation. However the government stood firm behind this contentious (some would say absurd) provision until the last minute. It was finally dropped shortly before Parliament went into recess.

The amended bill tabled by the committee still contains very serious problems. Some of the criticisms levelled against it are:
 * The bill does not allow for public ruling of cases
 * The identity of any wrongdoer will be kept protected
 * The bill doesn't allow complainants to go directly to the new commissioner but only to their direct superior who may very well be the wrongdoer
 * The bill doesn't cover everyone, only public servants
 * the bill provides for no financial protection for the complainant should they need legal representation.

Experience in the USA, which has much stronger legislation, suggests that Bill C-11 in its current form will do little to protect whistleblowers. Legal experts who have studied the Bill, such as former whistleblower Joanna Gualtieri, assert that have the opposite effect: it will silence whistleblowers, protect alleged wrongdoers, and prevent the public from learning about suspected scandals.

An Analysis by Joanna Gualtieri
Joanna's material here.

Strategies For Achieving Positive Change
The following are proposed strategies that seem appropriate as means of ensuring that effective legislation will ultimately be introduced and implemented properly:

Organizing for Action
 * creation of a small working group of volunteers to plan and coordinate efforts
 * creation of sub-groups of volunteers, focusing on different tasks
 * recruitment of volunteers with specific skills and knowledge

Public Education and Awareness
 * creation of resources -- such as this web site -- for interested citizens to become informed (and then to get involved as volunteers if they wish)
 * publication of expert comment on draft legislation
 * an ongoing media campaign

Direct Lobbying of Decision-Makers
 * testimony and proposals to the Gomery Inquiry (with respect to Part 2 of the report)
 * testimony and counter-proposals to parliamentarians and bureaucrats involved in drafting legislation -- particularly amendements required to Bill C-11
 * publication of decision-makers' responses, positions taken and commitments made

How To Participate
This site is a forum for anyone who has an interest in this topic, or simply wants to follow the story and see what happens. However, it is also a starting point for anyone who wants to do more -- to get involved in some way. Here are some of the things that you can do right now:


 * If you see ways to improve this site, for example by correcting errors or adding factual information, you can contribute by editing this article. It's very easy to do: start by clicking on the edit link above the section title. Note that other volunteers are constantly monitoring changes to this website, to maintain its accuracy.


 * If you want to follow the story, please [mailto:whistleblowercanada@dhutton.ca click here] to add yourself to the email list for news updates.


 * If you want to know more about the specific projects that are being planned and undertaken by volunteers, with a view to possibly getting involved, please [mailto:whistleblowercanada@dhutton.ca click here] to submit a request for more information.

Canada

 * Bill C-11 Canada's Proposed Whistleblower Legislation.
 * Minutes of the Standing Committee on Government Operations and Estimates These include testimony and evidence given to this Committee during the development of Bill C-11.
 * The Gomery Report Part 1 The factual findings of the Gomery Inquiry. The recommendations of the Inquiry will be published as Part 2.

USA and International

 * Wikipedia Whistleblower page
 * US Government Accountability Project
 * Project On Government Oversight (POGO)
 * National Whistleblower Center
 * The Truth-Telling Project - Project formed by whistleblowers Daniel Ellsberg and Katharine Gun
 * Workplace Fairness FAQ for environmental whistleblowers
 * Tate & Renner article on whistleblowers under US federal law
 * Whistleblower Employee Protection Website
 * International Freedom of Expression Exchange
 * Whistleblowers in the EU
 * Public Concern at Work (UK)
 * Public Interest Disclosure Act 1998 from Her Majesty's Stationery Office (UK)

Media Articles
NOTE: These links all worked when added to the site. However, some may stop working later, e.g. if the articles are moved or archived after publication, or are restricted to subscribers only.

Ottawa Sun article by Greg Weston]  A good explanation of what's wrong with Bill C-11.
 * [http://ottsun.canoe.ca/News/Columnists/Weston_Greg/2005/11/05/1294418.html

Article in CMA Magazine by Joanna Gualtieri]  Includes the Whistleblowers Bill of Rights.
 * [http://www.camagazine.com/index.cfm/ci_id/22181/la_id/1.htm

Allan Cutler - Law Times report on a speech about what's wrong with Bill C-11.
 * [http://www.lawtimesnews.com/index.php?option=com_content&task=view&id=303&Itemid=82

Leanne Jones - "Whistleblowers" http://www.primetimecrime.com/contributing/2005/20051114Jones.htm

Deadly silence: Canada's government culture promotes loyalty at all costs and takes immediate and crushing action against employees who blow the whistle http://www.primetimecrime.com/contributing/2005/20051031Gualtieri.htm

Hon. David Kilgour, P.C., M.P Open Letter to Prime Minister   Re: Whistleblowers http://www.primetimecrime.com/contributing/2005/20051031Gualtieri.htm

Joanna Gualtieri - When the whistle blows http://www.camagazine.com/index.cfm/ci_id/22181/la_id/1.htm

Joanna Gualtieri - Should I Tell When It Hurts: Conflict And Conscience In WHISTLEBLOWING http://primetimecrime.com/contributing/2004/20040816Gualtieri.htm

CTV's W 5 - Corruption and cover up

Cpl. Robert Read - One cop's sacrifice to save Canada http://www.asianpacificpost.com/news/article/458.html

Leo Knight - Senior RCMP used for political purposes http://www.primetimecrime.com/columns/Columns%202004/20040331.htm Leo Knight - Duo blow whistle on immigration scandal http://www.primetimecrime.com/columns/Columns%201999/19990901.htm

Leo Knight - RCMP action shameful in Cpl. Reed affair http://www.primetimecrime.com/columns/Columns%201999/19990908.htm

RCMP External Review Commision Report on Cpl Robert Read http://www.erc-cee.gc.ca/all/all-e/d/d-081-e.html

Leo Knight - Sidewinder-Echo scandal smoulders http://www.primetimecrime.com/columns/Columns%202000/20000906.htm

Kevin Michael Grace - The Sidewinder scandal http://www.primetimecrime.com/Articles/Media%20Articles/2000110Sidewider.htm

Fabian Dawson - Chinese triads sought foothold in Vancouver port operations http://www.primetimecrime.com/Articles/Media%20Articles/2000110Sidewider.htm

Stuart Farson - SIDEWINDER AND THE MINIVAN: SOME QUESTIONS  FOR PARLIAMENT TO PONDER http://www.primetimecrime.com/Articles/Media%20Articles/2000110Sidewider.htm

Chinese organized crime & espionage - compilation of articles & reports http://www.primetimecrime.com/Articles/RobertRead/Robertreadasiantriads.htm

Caesar's wife and the Canadian government - http://www.primetimecrime.com/Articles/Media%20Articles/2005031515Caesar.htm

Contact Us
To send us comments and suggestions regarding this website, [mailto:whistleblowercanada@dhutton.ca click here].