- Member of Parliament
- Member of Parliament
- NDP
- Courtenay—Alberni
- British Columbia
- Voting Attendance: 67%
- Expenses Last Quarter: $148,159.67
- Government Page
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.
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Madam Speaker, as pleased as I am to join the debate this evening to speak on Bill C-290, an act to amend the Public Servants Disclosure Protection Act, I am sad I have to be doing it from my home.
I have had to come back to the unceded land of Tseshaht and Hupacasath and the homelands of the Nuu-chah-nulth people to attend the funeral of the Tla-o-qui-aht Chief Muuchinink, also know as Bruce Frank, who suddenly passed away on Sunday. I will be travelling through his Ha-Hoothlee, his territory, tonight to join his family and his community. I will bring greetings from all of us from Ottawa, and condolences to his people. It is a very sad time for the people in our communities and for all Nuu-chah-nulth people. He was a great man who loved his people.
I want to thank the hon. member for Mirabel for bringing forward this bill and prompting this important discussion. It is very important, and I really appreciate his work in doing this.
When the new Conservative leader, the member for Carleton, was a minister under the Harper government, he brought forth legislation that he repeatedly said would offer “ironclad protection” for whistle-blowers in the federal public service. Instead, after 15 years in force, it is clear this law is a complete failure.
I am going to talk about David Hutton, a whistle-blower protection expert and senior fellow at the Centre for Free Expression at Toronto Metropolitan University. He recently wrote in The Hill Times:
After studying this system closely for the past 15 years, I have come to believe that it was never intended to protect whistleblowers. It does not look like a regrettable accident resulting in an ineffective system. In reality, it functions as a highly effective, finely tuned offensive weapon against whistleblowers. It lures them into a trap, where their disclosures of wrongdoing are disregarded and buried forever, the promises of protection made to them prove to be false, and their efforts to obtain justice place them on a treadmill of endless, costly and ultimately fruitless rigged processes.
Indeed, after 15 years, the results of Canada’s whistle-blower regime speaks for itself. The Office of the Public Sector Integrity Commissioner has found a mere 18 cases of wrongdoing out of more than 1,500 disclosures from whistle-blowers. While 500 whistle-blowers have submitted complaints of reprisals, the tribunal set up to address these complaints has never once awarded a remedy.
In another article, David Hutton wrote, “there have been no happy endings for whistleblowers, who nearly always lose their job, their career, and their livelihood.”
The failure of this law does not just cost whistle-blowers. It costs all of us when wrongdoings and mismanagement are allowed to continue unchecked. We see this all the time in procurement, and the failure for whistle-blowers to be able to come forward. I will cite one, which is the disastrous Phoenix pay system. It was supposed to save money, but it has resulted in at least $2.4 billion in unexpected costs so far. It is an example of what can happen when there is a culture of fear in the public service.
This started under the Conservatives, and it has carried on under the federal Liberals. It is unacceptable. That culture of fear is reflected in the Office of the Public Sector Integrity Commissioner’s own findings. In March 2022, the Office published a report it commissioned entitled “Exploring the Culture of Whistleblowing and the Fear of Reprisal in the Federal Public Sector”. The report was based on focus groups drawn from a selection of departments, and it echoed the findings of similar surveys conducted in 2011 and 2015. This latest report found that fear of reprisals remains a major concern in the federal public service.
It also contained some other concerning findings: first, that most workers and managers surveyed did not know of the office’s existence; second, there is increasing disillusionment and cynicism about whistle-blowing; and, third, increased activity around whistle-blowing, such as awareness raising and education, is seen mainly as window dressing instead of actual change. We could make a long list here.
It is disappointing to read these findings in 2022. The need for change in how we deal with whistle-blowers has been well known for years. There are serious deficiencies in the existing act, including a narrow definition of wrongdoing and a focus on procedures for dealing with allegations rather than protecting whistle-blowers.
In 2017, the Standing Committee on Government Operations and Estimates tabled a unanimous report recommending sweeping changes to the Public Servants Disclosure Protection Act. This report was prepared at the request of the Treasury Board to fulfill the requirement for statutory review that should have been conducted five years earlier. It sounds familiar. It has been five years since, and the government has not implemented the legislative changes the committee recommended, and we heard the member for Mirabel talk about it earlier. Instead, in the most recent federal budget, the government committed $2.4 million over five years for the Treasury Board Secretariat to launch a new review of the act.
It is a positive development to see the federal government finally acknowledge the need for legislative reform, but I am concerned whether there is genuine political will to move forward and make real changes or if this is simply a face-saving exercise. As the member for Mirabel talked about, the government did not even start this until Friday, just as this bill came up for debate.
It reminds me of how the government acts suddenly when private members' bills come up, like my bill, Bill C-216, on substance use. The government did nothing on the Province of B.C.'s request for an exemption for people who are caught with a small possession of substances to not be criminally charged. The government announced that B.C.'s exemption would be granted the day before the vote on my bill. It is just all too familiar. I have seen this happen a lot.
To get back to the bill, its latest review was likely prompted by a 2021 analysis by the International Bar Association, which compared countries with whistle-blower protection laws and ranked Canada as tied for last place. This is an international embarrassment. It is about transparency and trust, and it is a clear call for action, yet in September, Canada failed to send any representatives to an International Labour Organization meeting to discuss the protection of whistle-blowers in the public sector. Surely some helpful information could have been gleaned from this meeting to inform the government's new review. It could have gained a lot.
Again, I am glad that the member for Mirabel has brought forward this bill, which acknowledges the failure of the current act and will hopefully help generate momentum for much-needed change. My office has engaged with public sector unions regarding the bill. The general sentiment is that this is a step in the right direction, but further changes will be required to truly protect whistle-blowers and the Canadian public.
The bill does not address all of the recommendations made by the Standing Committee on Government Operations and Estimates in 2017. However, it does propose some significant improvements that are worth noting.
The bill would expand protections to more people, including contractors and former employees, and cover more types of wrongdoing, including political interference. I believe the bill has merit and should proceed to committee where members can hear from public service workers and experts and see if there are opportunities for amendments that could offer more protection for whistle-blowers.
I will note that I do not believe the Treasury Board's new review of the act should preclude moving forward with improvements now. It is not clear when this review might be completed, but it is clear that Canada's whistle-blower protection regime is broken and is in desperate need of reform to protect brave public service workers and the Canadian public who disclose wrongdoings.
In 2015, the Liberals promised that transparency would be a hallmark of their government, but that promise has fallen to the wayside, just like the Conservatives. Under the frequent cloud of scandal, I question whether the government is truly motivated to improve protections for whistle-blowers who could shine a light on government wrongdoing or mismanagement of public funds.
In closing, I want to thank the member for Mirabel for bringing the bill forward, and I look forward to engaging in further debate on this issue.
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