It's very brief, like my last one.
Thank you, Mr. Chair.
Joining me this morning is François Choquette, senior legal counsel for the Tribunal.
The Tribunal's very existence serves as a safeguard for the integrity of the public service as it demonstrates the seriousness of the government's commitment to protecting public servants who make disclosures. The Tribunal is the ultimate safety net for public servants and it helps encourage the uncovering of wrongdoing.
As previously shared with the committee, under the current legislation reprisal complaints must first be received and investigated by the commissioner. If the commissioner deems that the reprisal complaint is justified, he submits an application to the tribunal to determine if reprisal occurred.
The jurisdiction of the tribunal and the number of cases it handles is really tributary to factors outside of its control.
Our experience in adjudicating disputes has been limited thus far, mainly due to the low number of cases the Tribunal has received.
Subsection 21(1) of the PSDPA states that “proceedings before the tribunal are to be conducted as informally and expeditiously as the requirements of natural justice and the rules of procedures allow”. The tribunal, like other quasi-judicial bodies, operates under the open court principle and is governed by its rules of proceedings that were established in 2011.
These rules can be liberally interpreted with the aim of ensuring informal and expeditious resolution. As such, as a matter of policy, the tribunal also offers a voluntary mediation process to attempt to resolve a complaint reprisal without a hearing. As mediation is voluntary, it cannot be imposed on the parties. This mechanism also allows the parties to reach a mutually agreeable resolution through the assistance of a neutral third party. Generally, mediation is less time consuming, less costly, and less adversarial than a judicial hearing. In fact, this has led to most of the tribunal cases being settled prior to a hearing.
The Tribunal's role is to adjudicate complaints and determine whether or not reprisal has taken place, and to apply the law enacted by Parliament to the facts before it. Should Parliament decide that added powers be vested in the Tribunal, or that legal rules regarding its mandate be modified, those powers and rules will be applied in the same spirit of fairness and justice that has characterized the work of the Tribunal thus far.
Mr. Chair, this concludes my statement. I would be pleased to answer any questions the committee may have.