April 28, 2005

The Martin government presented the bill in the wake of the sponsorship scandal, promising to protect whistleblowers who expose government wrongdoing and financial abuses.

But opposition MPs say the bill should more aptly be named "anti-leak" legislation, while Canada's Integrity Officer warned it inhibits public servants from exposing wrongdoing and does not protect whistleblowers from reprisals.

Although the Public Servants Disclosure Protection Act, which was tabled on March 22, creates a public service integrity commissioner, the office does not report directly to Parliament but to a minister, which compromises its independence, according to Edward Keyserlingk, the federal Integrity Officer.

"The commission is not established as an agency of Parliament but essentially as an office within the executive of government and that means it also does not have [the] investigative power that normally goes along with a legislatively established body," he said.

Mr. Keyserlingk said the bill does not give him subpoena powers, access to Cabinet documents or authority to investigate ministers' offices. As well, private-sector executives doing business with the government are not covered nor are the RCMP and Canadian spies, who could expose abuses of power.

Mr. Keyserlingk also noted public servants, who face reprisals for speaking out, must seek redress through government labour tribunals rather than the integrity commission. "People will not be encouraged to come forward."

Steve Hindle, president of the Professional Institute of the Public Service, also denounced the bill, saying public servants will be afraid to blow the whistle on corruption if they have to go to their supervisors first.

NDP MP Pat Martin, who co-chaired a Commons committee that called for tougher whistleblower legislation, said the bill is designed to plug leaks rather to protect whistleblowers. The Winnipeg MP is particularly upset that public servants face disciplinary action -- including termination -- if they go directly to the media, parliamentarians or the public with information about wrongdoing.

"The word has already spread that this is bullshit. That it is all fluff and has no substance. More and more, it's obvious it is more an act to protect ministers from whistleblowers than an act to protect whistleblowers," he said.

Yesterday, NDP justice critic Lorne Nystrom wrote a letter of complaint to Public Security Minister Anne McLellan, saying the government is attempting to gag key pubic servants involved in national security, including the RCMP and members of the Canadian Forces. "The omission of these agencies amounts to a virtual 'gag order' on the employees of some of Canada's most important and most powerful public agencies," he wrote.

Denis Coderre, President of the Queen's Privy Council, who is responsible for the bill, has insisted the legislation balances the need for "good faith disclosure" while acknowledging "existing procedures and authorities" can effectively handle many issues of reported wrongdoing.

Mark Dunn, a spokesman for Mr. Coderre, said yesterday the government will accept a tougher bill if it is recommended by Parliament. "If there are weaknesses in the legislation, then it is up to the committee to correct them."