Prime Minister Paul Martin's whistleblower legislation is "so fatally flawed" that it not only discourages public servants from exposing corruption, it fails to cover political staff, the RCMP and national security bureaucrats, critics charged yesterday. The Martin government presented the bill in the wake of the sponsorship scandal, promising to protect whistleblowers who expose wrongdoing. But opposition MPs say the bill should more aptly be named "anti-leak" legislation, while Canada's integrity officer warns it inhibits public servants from exposing wrongdoing and doesn't protect whistleblowers from reprisals. Although the bill creates a public service integrity commissioner, the office reports to a minister, which compromises its independence, said Integrity Officer Edward Keyserlingk. He 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 Canada's spy agency, who could expose abuses of power. Even worse, Mr. Keyserlingk said public servants who face reprisals for speaking out must seek redress through government labour tribunals rather than the integrity commission. "People want the assurance if they come to the commission that we will protect them from reprisals, but if it goes off to the (labour) boards then we cannot give them that kind of assurance," he said. NDP MP Pat Martin, who co-chaired a Commons committee that recommended tougher legislation than was produced, is upset that public servants face disciplinary action, including termination, if they go directly to the media, parliamentarians or the public with information on wrongdoing. "More and more, it's obvious it is more an act to protect ministers from whistleblowers than an act to protect whistleblowers," he said. However, Mark Dunn, a spokesman for Privy Council president Denis Coderre, who is responsible for the bill, 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," said Mr. Dunn.
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