44th Parl. 1st Sess.
December 13, 2023 02:00PM
Madam Speaker, it is an honour to rise today to speak briefly to Bill C-290.
This is an important piece of legislation that would amend the Public Servants Disclosure Protection Act, which gives federal public sector employees and others a secure and confidential process for disclosing serious wrongdoings in the workplace, as well as protection from acts and reprisal.
The bill proposes to expand the protections of the PSDPA to additional categories of public servants, permit that a protected disclosure be made to any superior, and add a duty to provide support to whistle-blowers, as well as repeal sections of the act that prevent overlap with other recourse mechanisms and provisions that set the standards of seriousness of wrongdoing. The bill is in line with some of the recommendations from the 2017 Standing Committee on Government Operations and Estimates' reports for legislative reforms regarding whistleblowing in the public sector. It is a bill that the government is very glad to see and is supportive of. We, as the government, believe that public servants who disclose serious wrongdoings must be protected.
The Public Servants Disclosure Protection Act helps to ensure an ethical workplace culture and supports the integrity of the public federal sector. Canada's whistle-blowing law is one component of the recourse mechanism for public servants that covers harassment, discrimination, labour grievances and privacy complaints. Soon, we will launch a comprehensive review of the act to strengthen protections for public servants who disclose wrongdoing. Its task force will include academic experts, union representatives and senior—
259 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, it is always a pleasure to rise in this House on behalf of the constituents of Calgary Midnapore in my role as shadow minister for the Treasury Board for His Majesty's loyal opposition.
Before I begin, I would like to send a special wish to my husband James, who is currently in the hospital awaiting surgery. I am not sure if he is watching this, but I am certainly thinking of him and looking forward to seeing him at the end of this week, as well as my son Edward. I thank my mother, my sister and my niece as well for taking such good care of my son at this time.
Bill C-290 is a private member's bill that was put forward this year. This bill would amend the Public Servants Disclosure Protection Act to strengthen the current whistle-blower protections for public servants; expand the definition of the term “wrongdoing”; broaden what is considered a supervisor so that public servants can make a protected disclosure to any superior within their organization; remove the requirement that a protective disclosure must be in good faith; and ensure that a whistle-blower will be protected as long as they reasonably believe what they are disclosing is true.
It would expand the Auditor General's mandate to receive disclosures of wrongdoing from within the Office of the Public Sector Integrity Commissioner; remove the requirement that investigations by the Office of the Public Sector Integrity Commissioner cannot overlap with investigations under other laws; extend protections to former public servants, government contractors and all those involved in a disclosure; give supervisors a duty to protect and provide support to public servants involved in disclosures; allow for a remedy to be provided to a whistle-blower if a reprisal is taken; and extend the deadline to file a reprisal complaint from 60 days to one year.
It would expand the annual report requirements, including the number of disclosures made by wrongdoing, the duration of all open cases and cases closed during the fiscal year; the distribution of cases by region and the distribution of cases by federal departments and agencies; increase the fines for reprisals against a whistle-blower from $10,000 to $200,000 for indictable offences and $5,000 to $100,000 for summary convictions; and require the act to be reviewed by Parliament every five years.
This legislation was introduced under former prime minister Harper in response to the Liberal sponsorship scandal. Ironically, we find ourselves again, after eight years of the Liberal-NDP coalition, with a significant number of scandals. The most recent was a whistle-blower alleging the Minister of Industry's office softened the STDC report in a cover-up. This is another example where the government attempted to cover up a whistle-blower rather than support a whistle-blower, as former prime minister Harper so bravely did in his first piece of legislation.
In 2017, the Standing Committee on Government Operations and Estimates conducted a review of the Public Servants Disclosure Protection Act and published a report, and many of the recommendations made in the report are included in this bill. That is, no doubt, a positive thing. The question is: Why did the government not take it upon itself to adjust this legislation prior to a private member bringing a private member's bill forward? It is a valuable question.
When this legislation was finally brought forward, the government operations and estimates committee spent hours going through this bill. The major point of the committee going through this bill was due to an attempt by the current Liberal-NDP coalition to water down this bill and provide no protection to whistle-blowers, as is evidenced in the example I just gave of the industry minister. It is very disappointing and not surprising.
It was expected that the government would implement the recommendations in the 2017 report, but it did not make it a priority to do so. It did what it is really good at. It created a task force, someone to review this legislation and consult with. It is the government's forte to have consultations and gather groups together to review things, with no result.
On December 7, it was the one-year anniversary of the government introducing this task force, which was supposed to review whistle-blower legislation. One year later, there is nothing to show for it. I was in the lobby right outside these chambers when the then president of the treasury board started this process. A year later, there is simply nothing to show for it.
I am very proud of the history that the official opposition has of protecting whistle-blowers in the public service. In addition to the legislation that was brought forward by the Harper government, we also included, with our 2019 and 2021 election platforms, the promise to continue this legislation and to provide more stringent protection for whistle-blowers. Our party has been consistent in supporting increased whistle-blower protections as the policy issues arise.
As I said, this government has a history of scandal. It has a history of cover-ups. It has a history of inaction. After creating task force consultations, it wants to just kick things down the line, push things down the line and avoid responsibility. It is unfortunate, but we actually see this beyond this whistle-blowing legislation, Bill C-290, is in front of us today. It did it today with the private member's bill that was in front of us on child pornography, on protecting our children, protecting the next generation.
Liberals turned their backs. They did not support that legislation as well. This is absolutely in line with the government, to turn its back, to kick things down the line. It would be absolutely impossible for me to stand up here and not mention this as well, which is the most evident display of this. In the greatest conflict in the world right now, through turning its back on a long-standing defender of democracy, through not standing to bring a peaceful end of this conflict and the destruction of Hamas, it is willing to turn its back on not only an entire nation but also, essentially, the entire world order. The things that will come to pass in the Middle East are only, once again, a delay of the things that will soon arrive, that are arriving in other places in the world.
We see this with this current government and what it is doing with world conflict, with the child pornography PMB that was in front of us today, and also with the Bill C-290 legislation.
This government now has the opportunity to do the responsible thing and not only get this legislation through the House but also go one step further to complete the findings of that task force. I hope the President of the Treasury Board will deliver. She has not delivered on finding that puny $15 billion, hardly a drop in the bucket relative to our current deficit and our debt. I do not hold a lot of hope, frankly, that she will come through for whistle-blowers.
It is unfortunate that she was not there for the testimony throughout the government operations committee, which was heartbreaking. It was absolutely terrible to see the things that our public servants have been going through.
Our party was the party of supporting whistle-blowers at that time. We continue to be the party of workers all across Canada, standing up for them in both the public and private realms.
I truly hope that it is within the heart of this government, at this special time of year, at Christmastime, at Hanukkah, at Kwanzaa, to find the responsibility to better handle the crises of the world, our future generation and the concerns of whistle-blowers.
1318 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, it is a privilege and honour to rise to speak to Bill C-290, an act to amend the Public Servants Disclosure Protection Act, at third reading. First, I want to give a huge shout-out to my colleague from Mirabel for tabling this bill and taking leadership on this. I also want to thank my colleague and friend from Beauport—Limoilou, who worked really closely with me and our team of New Democrats because we both care and really are passionate about protecting workers' rights.
I want to talk about those workers. These are brave Canadians and Quebeckers who report wrongdoing or crimes in their workplace and often experience consequences like losing their income, health and happiness and all for speaking the truth. All Canadian and Quebec workers should be able to feel safe when they are reporting workplace crimes and negligence.
We know Canada has some of the worst whistle-blower laws in the world, tied with Lebanon. The Conservatives like to pat themselves on the back and say that they care about whistle-blowers, but it is Liberals and Conservatives who have teamed up over decades to make sure that whistle-blowers do not get the chance to protect our society and government.
It was actually the current leader of the Conservative Party who last brought in legislation when he was in government. The experts say that he did not make things better; he made it even harder for whistle-blowers. He made it even worse. The Conservatives say they are for workers, but what did they do today? They moved a concurrence motion so that we could not talk about anti-scab legislation. The Conservatives are not here for workers.
Liberals and Conservatives teamed up to defeat numerous amendments that would actually strengthen protections for whistle-blowers in this bill. They voted against many amendments to Bill C-290. We talk about the coalition. Let us talk about the coalition of Liberals and Conservatives who are fighting workers, muting workers and stonewalling workers from doing the right thing and being able to have the opportunity to protect Canadians and Quebeckers. It is not surprising for the Liberals and their rich friends who are not worried about whistle-blowing. The leader of the Conservative Party and the Conservatives will always prop up their big bosses and not workers. We know that. They have a track record. We have receipts. We are keeping receipts. Canadians and Quebeckers need stronger whistle-blower protection, so that there is more transparency and accountability of government and the public service.
As New Democrats, we are committed to protecting the rights and safety of all workers. That is why we are pushing to make sure Canadians and Quebeckers have the strongest whistle-blower protections possible. I want to talk about the importance of strong whistle-blower laws. Because of how weak our protections for whistle-blowers are, less wrongdoing will get reported and stopped. Protecting whistle-blowers is necessary to protect Canadians' and Quebeckers' lives and security.
Whistle-blower reports protect Canada's global reputation and relationships, so this is important. Luc Sabourin reported that superiors at Passport Canada were destroying foreign passports and logging that they returned them to the foreign embassies. He endured eight years of harassment and abuse, including hand sanitizer in his coffee and threats to his children's safety. Before losing his career in 2016 and almost losing his life, he had the courage to show up at our committee and to fight to protect the future of all workers. He is a hero and the reprisal has been significant, and the impact and damage to his life have been significant. I want to thank Luc for the courage to have shared his story; and my colleague from the Bloc who brought Luc to committee and worked with Luc.
As I said, whistle-blower reports save lives. In 1996, Michèle Brill-Edwards also lost her career after she reported that big pharma was influencing the drug-approval process here in Canada, endangering Canadian lives.
We brought forward amendments that were defeated. Our first amendment that we brought forward was to allow whistle-blowers to go to the public or media in specific situations where, for example, the commissioner is not dealing with the complaint or decides not to do anything to stop the wrongdoing. Liberals and Conservatives teamed up in their coalition to oppose this. Therefore, now whistle-blowers are at a huge risk if they expose wrongdoing to the Canadian public.
The second amendment was interim relief, which would have protected whistle-blowers from punishments like termination as soon as they reported wrongdoing. Instead, we are allowing punishments to happen to them and then spending years investigating whether they were indeed punished. The coalition defeated it.
The third one is the reverse onus. Right now, the whistle-blower has to prove reprisal. I will give an example: If they were fired, they have to prove that it was because they reported wrongdoing, which is virtually impossible. This amendment would have forced their superiors to prove that there was a real reason to fire them. In other jurisdictions, this change brings the chances of success from as low as one in 500 to as high as one in three, which would make sense. Those would be strong whistle-blower laws. What happened? The coalition of Liberals and Conservatives teamed up to defeat the amendment.
Again, these are critical amendments. Some things we brought forward as New Democrats were passed. I am grateful that the coalition did not fight these and that we actually got them through, working closely with our Bloc colleagues, who were fabulous on this bill.
The first one is that we improved whistle-blowers' access to the tribunal. This is critical, because the commissioner has been acting as a gatekeeper, preventing workers from accessing the tribunal. In the tribunal's 16 years of operation, the commissioner has only referred nine cases to it. That is insane. It is a terrible track record for Canada and right there, as I said, with Lebanon. There needs to be access to both options, because the commissioner sometimes decides not to even investigate a complaint. It is unbelievable.
The second amendment we brought forward and that passed, as we were glad to see, would create a survey metric to measure whistle-blowers' satisfaction with the process, how supported and protected they felt, etc. We have been looking at the effectiveness of these laws with no input from the whistle-blowers they were supposed to protect. Now they have a voice. Again, I want to go back to my colleague from Mirabel and thank him for that.
The third amendment we were able to get through was adding psychological damage from harassment as a form of reprisal that whistle-blowers are protected from. That is absolutely critical. These are Canadians and Quebeckers who are standing up and fighting for the best services to deliver to their communities.
I am going to finish with one area that is not covered, which is subcontractors. I will give an example: At the Standing Committee on Government Operations and Estimates, we found out through the ArriveCAN scandal that there were companies that received a contract, Coradix and Dalian, and they subcontracted to a company called GCStrategies, which then subcontracted to a company called Botler. However, they are not protected. Even though they are delivering services under a government contract through the Canada Border Services Agency, they are absolutely not protected. This is just unbelievable.
Both Dalian and Coradix took a commission of between 15% and 30%, and GCStrategies took a commission of 15% to 30%. None of them had expertise in what they needed. These are headhunters. It is like the worst pyramid scheme, in terms of outsourcing, that is happening with Canadian taxpayers' dollars and the layering of commissions.
For Botler, the reprisal was significant for Ritika Dutt and Amir Morv. It is unbelievable, the punishment they took for standing up for Canadian taxpayers, for whistle-blowing, and the treatment they have been under. The government is continuing to fail them for continuing to tell the truth. It is continuing to allow these contractors, who are suspended from the Canada Border Services Agency, to have contracts with other federal departments, even though they are under investigation by the RCMP. We can talk about how failed and miserable the situation is.
We are taking a step forward to fix how the coalition of the Conservatives and Liberals teamed up to mute whistle-blowers. Again, it is because of my colleague from Mirabel, who used his slot. He was high in the order of precedence, and he took this on to stand up for human rights. New Democrats stand with the Bloc, and we worked really hard on this. I am glad it is moving forward.
Let us hope for a better future. Let us hope we can address the concerns that are not addressed in this bill and continue to work together. Workers deserve it. We owe it to them.
1521 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, I am pleased to rise on behalf of the transparency-loving residents of Renfrew—Nipissing—Pembroke to speak to Bill C-290, an act to amend the Public Servants Disclosure Protection Act.
It has been fascinating to hear members from the NDP-Liberal government speak to this legislation. The Public Servants Disclosure Protection Act is a direct result of Liberal corruption.
Whistle-blower protection was a cornerstone of the Conservative Federal Accountability Act. It was the first substantive bill introduced by the Harper government following over a decade of Liberal corruption that reached its climax with the sponsorship scandal. The Chrétien Liberals had given millions of dollars to well-connected companies to do little actual work other than to funnel the cash back to Liberal Party coffers.
Canadians had grown tired of the arrogant, corrupt Liberals and demanded a change. Despite losing the election, the NDP and remaining Liberals refused to listen to Canadians. That is why the socialist coalition voted against our accountability act and whistle-blower protection.
I saw the bow-tied banker from Ajax join with the failed punk rocker from Timmins—James Bay voting against whistle-blower protection. As different as those two members may appear, they share the same inverted belief that people should serve the government instead of government serving the people.
Now, if Canadians have any doubt of this NDP-Liberal government's contempt for whistle-blowers, just look at its track record. One of the first acts this government did was to redirect a shipbuilding contract to its friends. When multiple people shared that information, what did this Prime Minister do? He called Vice-Admiral Norman a criminal and said the admiral would face the courts. Mark Norman spoke truth to power and paid a heavy price. I know he thinks this Prime Minister is not worth the cost.
When another whistle-blower leaked the story of Jody Wilson-Raybould being pressured to direct a prosecution, this Prime Minister called the report fake news. He then fired Wilson-Raybould and Jane Philpott and kicked them out of caucus to boot. This government is so repulsed by truth and accountability, it attacked the people the whistle-blowers tried to protect.
Then there are the multiple whistle-blowers who tried to do the right thing at the Sustainable Development Technology Corporation. They followed the procedures. They reported it to the deputy minister. The deputy minister even compared it to the Liberal sponsorship scandal. That same deputy said his minister would blow a gasket upon learning the damning information, except nothing happened. No gaskets were blown. No executives were fired. No board members were sacked. There were rampant conflicts of interest and comparisons to the sponsorship scandal. Yet, it was not until the whistle-blowers went to The Globe and Mail that anything happened.
Swap out the words “sustainable development” with “foreign interference”, and we see a similar story. If not for the CSIS whistle-blower, Canadians would still be in the dark about the extent of Communist interference. Our Conservative Party was attacked in the last two elections. The government knew it and covered it up. The Liberals had just spent the last eight years pushing conspiracy theories about Russia to smear Conservatives, so the last thing they needed were credible reports they had received assistance from Communists who control China. If not for the CSIS whistle-blower, there would not be a public inquiry into foreign interference.
Given the recent partisan comments by the judge and her selection of intervenors, we may still not actually have an actual public inquiry. Even the hand-picked special rapporteur actually confirmed that many of the CSIS leaks were accurate. He confirmed that the member for Don Valley North did engage in secret meetings with the Communist consulate in Toronto and did discuss the two Michaels. That member would still be sitting in the Liberal caucus were it not for the whistle-blower.
Yet, this Prime Minister sent his national security adviser out to speak to reporters just to let them know that this government is actively hunting for this whistle-blower. NSA Thomas actually said the whistle-blower would be caught and punished. The Liberal government is declaring a whistle-blower guilty without a trial again. It is as though it has learned nothing from Vice-Admiral Norman and his persecution. That is why we must pass this bill.
The NPD-Liberal government will continue to ignore lessons unless we update the legislation. After eight years of Liberal corruption, whistle-blower protection must become stronger. The Liberals claim this is unnecessary, because they budgeted $2 million for a special task force that is supposed to review a committee report from six years ago. They can save taxpayers $2 million and just support the legislation.
809 words
- Hear!
- Rabble!
- add
- star_border
- share
