TI Canada has sent an Open Letter to Political Party Leaders regarding Whistleblower Protection in Canada asking them what their party's position is on whistleblower protection. Protection of whistleblowers plays a crucial role in the fight against corruption in Canada. Thanks to the courage and principles of whistleblowers, we discover abuses in all sectors - private, public and non-profit. In our recent Whistleblower Report, we concluded that Canada lags behind in protecting whistleblowers. The United States, Britain and Australia have all adopted more robust whistleblower protection laws.
In our Open Letter, we ask:
1) What will your Government do to better protect whistleblowers in Canada?
2) Will your Government take the lead in convincing all provinces and territories to adopt consistent whistleblower protections?
3) Will your Government consider supporting any of TI Canada's recommendations?
TI Canada’s report outlines the following recommendations:
1. Reverse onus: As it relates to reprisals in the public sector, the burden of proof should be on the employer to prove that their actions were not reprisals.
2. Single disclosure regime: The advantages and feasibility of a single disclosure regime for both private and public sectors should be carefully considered.
3. Single competent authority: Both private and public sector whistleblowers should have the right to seek remedies before a competent authority.
4. Monetary rewards: The advantages and feasibility of Qui Tam legislation, to allow citizens to sue contractors on behalf of the government, should be carefully considered.
5. Increased transparency: Greater transparency and access to specific case information should be adopted in relation to the federal Integrity Commissioner process and to whistleblower complaints processes of the provinces.
RESPONSES RECEIVED
NEW DEMOCRATIC PARTY
Dear Ms. Nahirny,
Thank you for getting in touch and for sharing your views on the need to have better protection for whistle-blowers in Canada.The NDP shares your view that whistle-blowers play an important role in our democracy. We agree that the current legislation, put in place in the wake of the sponsorship scandal, should be reinforced.On September 28th, our NDP candidates in the National Capital Region released our platform for the public service. One key element is our commitment to offer better protection for whistleblowers in the federal public serviceAn NDP government will introduce legislation to further protect the anonymity of whistle-blowers and offer better protection against retaliation. We will also enhance the Integrity Commissioner’s powers to investigate and punish transgressions.Please be assured that an NDP government will work to strengthen our democracy and produce the just and principled legislation that Canadians expect and deserve.Thank you again for your interest in this important matter.
Best regards,
Tom Mulcair and Canada’s New Democrats
Canada’s New Democrats | Le NPD du CanadaReady for change| Ensemble pour le
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GREEN PARTY
Dear Ms. Nahirny,
From Edward Snowden to Chelsea Manning, whistleblowers have recently reentered the public consciousness, changing the way we think about the way our governments operate. Yet, as we recognize the heroism and importance of their work, one is in exile in Russia and the other has been sentenced to 35 years in prison. It is clear that we do not have the legal structure to protect whistleblowers at all levels. Though these are examples of American whistleblowers, would a Canadian Snowden or Manning fare any better?The Harper administration has been the most centralized and secretive government in Canadian history. It brought in legislation ostensibly to clean up “Liberal corruption.” Remarkably, it has actually made things worse. It abandoned numerous promises it made while in opposition regarding transparency and accountability. Its ironically-named Accountability Act has twelve new blanket exemptions and exclusions preventing certain kinds of government documents from being released, and it allows for the possibility that wrongdoing exposed by whistleblowers could be sealed from public scrutiny for up to fifteen years.The Green Party will enact effective whistleblower protection for public and private sector employees. We will carefully consider the six recommendations in your report on whistleblower protections in Canada. We will study best practices in whistleblower protection and the Organization of American States’ “Model Law To Facilitate and Encourage the Reporting of Acts of Corruption and to Protect Whistleblowers and Witnesses.” We need to encourage reporting and effectively stop reprisals. We need real transparency. We are committed to transparency. We will stand up for whistleblowers.Thank you again for writing.
Sincerely,Elizabeth May, O.C.
Leader of the Green Party of Canada