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Decentralized Democracy

House Hansard - 240

44th Parl. 1st Sess.
October 26, 2023 10:00AM
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moved that the bill be read the third time and passed. He said: Madam Speaker, I salute all my colleagues, and especially my colleague from Winnipeg North. The purpose of this bill, which I introduced on behalf of the Bloc Québécois, is to protect whistle-blowers, public servants who disclose wrongdoing. The reason I introduced this bill stems from my first few weeks and months as a member of Parliament, when whistle-blowers, public servants who had witnessed wrongdoing in departments and agencies, began calling my office and asking for my help. I would tell these folks to use the usual means to try and protect themselves as whistle-blowers. I quickly realized that the Canadian whistle-blower protection regime was completely flawed. At one point, I asked myself this question: Am I alone in thinking that there is no way for a whistle-blower in Canada to disclose wrongdoing without falling into a hole before reaching the end of the process? Over time, I realized that many people agreed with my diagnosis. First of all, the International Bar Association ranked Canada's whistle-blower protection regime at the very bottom of the global list, tied only with Zimbabwe. Of the 20 criteria used to classify whistle-blower protection regimes, Canada met only one. The only criterion it met was having a piece of legislation. The other 19 criteria were not met. The legislation is empty. Essentially, Canada's whistle-blower protection regime is like an old car chassis with no engine, no transmission, no tires and no carburetor. That is the vehicle our whistle-blowers are supposed to drive. The International Bar Association says so, the International Labour Organization agrees with us, the public service unions agree with us, former whistle-blowers who have gone through this process and know its flaws better than anyone else agree with us. There are dozens of witnesses. In 2017, the Standing Committee on Government Operations and Estimates produced a comprehensive report. The committee held 12 meetings on the issue of reforming this whistle-blower protection regime. Twelve meetings for one study in committee is a big deal. The committee received 52 witnesses and 12 written briefs. The findings of this report are clear. It found that in order to function properly, democracy needs two legs. The first leg is accountability. The executive branch, the departments, all have to be monitored in a democracy. That is what the second leg of democracy, transparency, is for. Without whistle-blowers and protection for public servants who disclose wrongdoing, who do the right thing for the right reasons, at the risk of their health, their life, their finances and their career, democracy would not work. These whistle-blowers are our last line of defence. Not standing up for these whistle-blowers is like hitting the ice without a goalie. A developed country cannot operate like that. This is a matter of protecting public safety and respecting Quebec and Canadian taxpayers, who are losing faith in government institutions. Today, I am very proud that this bill has made it to debate at third reading and could be voted on. It must be said that this bill is the result of working together across party lines, a collaborative effort by all parties. I want to recognize my colleagues who participated in this process in a constructive manner. First, I want to thank the member for Hull—Aylmer, who is now our Speaker. At the time, he was working as the parliamentary secretary to the President of the Treasury Board. He supported us in the amendment process, which means that the Liberal Party can vote in favour of the bill this time. I want to congratulate in advance the NDP member for Courtenay—Alberni, who presented some very good amendments. He worked in co-operation with us. I also want to congratulate the member for Edmonton West, who was the chair of the Standing Committee on Government Operations and Estimates when the committee submitted its report in 2017. He has been fighting for this for many years. I know that support and advice are important to him. He is a very wise man. I know that he is very happy that this bill is at third reading stage today. Of course, I would like to thank all the members of the Standing Committee on Government Operations and Estimates. In particular, I would like to thank the member who went through the entire amendment process on behalf of the Bloc Québécois. Dealing with a subject like this required a member who, in addition to being detail-oriented and rigorous, has a heart and understands human issues, the human soul and the profoundly human importance of caring for these people. That would be my colleague and friend, the member for Beauport—Limoilou, and today I want to say just how much I respect and admire her work. I would also like to talk about the people who have had the courage to continue to blow the whistle on wrongdoing at the expense of every aspect of their lives. They have supported us, testified and devoted time, energy and skills to this process. They are the whistle-blowers themselves and the whistle-blower protection groups. I am thinking in particular of Joanna Gualtieri, who testified, offered us her legal services and advised us. She was one of the first whistle-blowers in Canada. She went through the whole process, spent selflessly to get the truth out, and survived some incredible pitfalls. I salute her. I also want to thank Pamela Forward, of Whistleblowing Canada. Tom Devine from GAP, the Government Accountability Project, in Washington, D.C., insisted on coming to the committee in person. He is a global expert who has advised hundreds of administrations on these issues. He wanted to be here in person to work on this bill. I also want to thank Ian Bron, a retired Canadian Armed Forces member. I also want to thank David Hutton for his advice. I want to salute Luc Sabourin, the whistle-blower at the root of the scandal that is unfolding before our eyes, the destruction of foreign passports by Canada behind our allies' backs. This courageous man risked everything: his life, his health, his sense of security and his financial well-being. His pension was taken away. He is here with us today on the Hill. This goes to show that what we are doing today is of paramount importance to Canadian taxpayers, Quebec taxpayers and these people. I salute him. He has my utmost respect. Let us now talk about the content of this bill. First of all, there are rankings, which I talked about earlier. If Bill C‑290 is passed, our whistle-blower protection regime will put us in the middle of the world rankings. We will have a similar ranking to the United Kingdom and France, but we will still be lagging far behind the United States and many American states, the European Union and Australia. That means that this bill is the first of many steps we will have to take when it comes to the protection of whistle-blowers. What are we doing? We are expanding protection to former public servants who are not currently protected but who still have critical information for improving transparency and management in the public sector. We want to get to the bottom of things and give them more channels for filing complaints. Complaints cannot just be brought to the attention of an immediate supervisor because sometimes that person is involved in the wrongdoing. This bill allows for the use of other channels, elsewhere within departments, to file complaints. We included not just administration issues, management issues and the misuse of public funds as wrongdoing in the bill, but also foreign and political interference. If this bill is passed, we will have the opportunity to work with the government and to monitor it to make sure it is acting in good faith. We have acted in good faith. Foreign and political interference are defined by government regulation. We will remain vigilant but open. We trust the government in that regard because we decided to work together. The government will have to be worthy of our trust. Whistle-blowers will be allowed to file more than one complaint at a time. Right now, if they file a reprisal complaint, they reach a standstill with the commissioner. They cannot file two complaints at once. No whistle-blower enjoys filing three, four or five complaints at the same time. No one has time in the evenings and on weekends to fool around with five or six complaints for fun. If whistle-blowers have to file more than one complaint at a time, it is because they feel they need to, and because the public sector needs it to happen in order to remain transparent. That will be guaranteed with this bill. There have been disappointments, and they have been significant, but we have to live with them. It happens often in politics. The NDP moved an amendment to reverse the burden of proof in some cases. Unfortunately, this was defeated. We supported them. The NDP moved amendments to protect whistle-blowers from reprisals during investigations. That was defeated. I want to thank my colleague from Courtenay—Alberni for the work he did. They were good amendments and, one day, we will have the opportunity to go back to them. This shows, once again, that we need leadership from the government on this issue, because the legislation has not been changed in 15 years, whereas the world has changed. It is not normal to have legislation that does not evolve when the nature of political interference is changing. It is not normal to have legislation that does not evolve when Chinese foreign interference is happening and it was not in the news at the time the legislation was adopted, in other words after the sponsorship scandal. A law that seeks to protect public servants who disclose wrongdoings should not be like an old piece of meat, an old quart of milk or an old yogourt. It should never expire. There should be a mechanism under which these laws are frequently reviewed. The government has work to do, because I did everything that I could in a private member's bill to advance the cause of protecting public servants who disclose wrongdoing. Opposition members cannot spend money. We cannot cover the legal fees of whistle-blowers, some of whom end up financially ruined for wanting to serve their employer. I cannot emphasize enough that whistle-blowers are people who are loyal to their employer and to taxpayers, who are their real employer. The government will have to continue to work on this and follow our example. We are here today because we have a minority government, and private members' bills, especially those from the Bloc Québécois, can help change the world. Let us see what we can accomplish in a minority government. We can protect whistle-blowers. We protected the pensions of Quebec workers by making them priority creditors. We succeeded in protecting supply management in trade agreement negotiations. We managed to protect our fruit and vegetable producers' shipments when they are not paid. We managed to protect the Quebec securities commission when Ottawa wanted to move Quebec's financial sector to English-speaking Toronto. We managed to have an independent public inquiry into Chinese foreign interference, in a minority government. We managed to increase the guaranteed income supplement for our seniors by $600 a year. We managed to get hundreds of dollars for parents by making the universal child care benefit tax-free, because the Conservatives had been taxing parents. The Conservatives are compulsive taxers. We had an investigation into the sponsorship scandal. It pays to vote for the Bloc Québécois. Quebeckers should vote for the Bloc Québécois. It is important to vote for the Bloc Québécois. I am looking at the Conservatives, and they are speechless. What a wonderful sight. Aside from that, the bill we are debating is in the public interest. This bill aims to protect people's lives. It is about protecting human beings and the quality of life of people who are often portrayed as being disloyal to their employers, but who ultimately just want to make things better and work in an environment that values ethics, transparency and honesty towards hard-working taxpayers. We want to protect these people's lives for the benefit of all. Today, I invite all my colleagues from all parties and political denominations to vote in favour of Bill C-290. There is only good in this bill. Whistle-blowers and public servants are watching us. We must rise to the occasion.
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Madam Speaker, that is a very interesting question. We discussed that with the whistle-blowers in committee. I thank my colleague for asking it. In Canada, we find that the provinces generally wait for the federal government to make the first move on this issue. It often makes the first move, encroaching on provincial jurisdictions, and then the provinces react. With the resources we have here, we have an opportunity to set an example, while respecting the federal government's jurisdiction, on a whistle-blowing regime that would not be perfect, but would be an improvement. The Liberals have not yet had or taken the time, to put it politely, to improve the law, but yes, we expect most provinces to look to the federal Parliament and read the bill. A bill based on Bill C‑290 has already been introduced in the National Assembly. We know that by doing the right thing at the federal level and improving transparency and accountability in the federal government with Bill C‑290, others will follow. So there are 10 more reasons in the provinces, and three more in the territories, to vote for Bill C‑290.
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Madam Speaker, the matter of subcontractors and contract workers is important, as we saw with the ArriveCAN app and National Defence. Unfortunately, expanding protection to subcontractors would require a royal recommendation. That was the nature of the amendment that the Speaker had to reject earlier today. However, it is still an important issue and that is why the government must consider it, because it has the prerogative to do so. There is also the constitutionality of the issue. Most subcontractors fall under the governance of provincial labour laws. We will have to examine that issue. Just because it is not included in the bill does not mean that we did not think about it, that we did not try to address it, that it is not important and that we should forget about it.
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Madam Speaker, it is always good to think things over. Fortuitously, it so happens that when I introduced my bill, the government announced the creation of a think tank, an expert panel, that will essentially tell us what the 2017 committee did. I think that the government has to keep reflecting, thinking and improving things. There are steps to be taken. The government is the one who has to take those steps. However, the real committee that has to determine this has 338 members and they are seated here.
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Madam Speaker, that would prevent these people from being ruined by legal fees when they are David fighting Goliath, in other words, the government. As we know, under parliamentary rules, a bill introduced by an opposition member cannot result in more money being spent. That is the prerogative of the Crown. In order to have a fund that would cover the legal expenses of certain whistle-blowers, the government has to draft and introduce it. There must be a ways and means motion. Some countries do this. Some countries recognize the fact that it is not right for citizens to have to spend $1 million, as Ms. Gualtieri had to do, and end up pretty much bankrupt in order to have the right to defend their integrity. Whistle-blowers deserve better.
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