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News release
September 30, 2003
Whistleblowing legislation needed
to prevent another Privacy Commissioner situation
OTTAWA – The serious problems at the Office of the Privacy Commissioner
(OPC) could have been investigated and acted upon before reaching
the extreme stage if OPC staff had been able to blow the whistle without
fear of reprisals.
“The Auditor General’s report on the OPC reveals the extent
to which policies were routinely violated, and rules and even laws
broken,” according to Public Service Alliance of Canada National
President Nycole Turmel. “From unsupported performance bonuses
for executives to the hiring and promoting of favourites to the awarding
of contracts without competition, the OPC is an alarming example of
what happens when controls break down.”
“It’s also an example of what happens when central agencies
such as Treasury Board and the Public Service Commission fail to take
effective action even when they become aware of problems. They send
a tacit message that breaking the rules is acceptable.”
“The report makes it clear that OPC employees were reluctant
to report wrongdoing because the avenues for disclosure were perceived
as ineffective or non-existent, offering little or no protection,”
says Turmel. “Many employees interviewed during the investigation
did not even know about the existence of the Public Service Integrity
Officer.”
The Auditor General’s findings reinforce a report released just
two weeks ago by the Integrity Officer himself. Dr. Edward Keyserlingk
concluded that the current whistleblowing policy is inadequate and
that specific legislation with broad application is in order.
The report on the situation at the Office of the Privacy Commissioner
also comes on the heels of the Treasury Board President’s September
29 announcement that a working group is being established to review
the state of internal disclosure protection in the public service.
Don’t wait until another OPC situation occurs warns Turmel.
“It’s obvious from these recent reports that federal public
sector workers are not encouraged to report wrongdoing because they
are not sufficiently protected. Re-packaging the current policy is
not the answer. The government must introduce strong legislation to
reassure Canadians that the excesses at OPC won’t happen elsewhere.”
“Today’s report by the Auditor General exposes a poisoned
work environment with instances of humiliation of staff, inappropriate
comments, intolerance and verbal abuse,” says Lynn Ray, National
President of PSAC’s Union of Solicitor General Employees. “Employees
were reluctant to file grievances because the final level of recourse
was the Commissioner himself. They lived in a climate of fear.”
According to Ray, the union is encouraged by the report’s recommendations
to improve labour relations. “We are also encouraged by the
Interim Commissioner’s apparent willingness to involve union
representatives in the restoration of the OPC workplace. We plan on
participating fully in that process.”
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For information:
Lynn Ray, USGE National President, (613) 232-4831, ext. 231
Louise Laporte, PSAC Communications, (613) 560-4287
48-300903
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