Yes.
First of all, discussions take place between the person making the disclosure, the whistleblower, and our office, either with Mr. Lampron or with our analysts. Our recommendation to our analysts and investigators is to take care not to promise absolute confidentiality. Absolute confidentiality does not exist. If there is a subsequent criminal investigation, subpoenas can be issued. If a judicial review is under way, confidentiality is subject to all other legislation.
Also, and this is important, confidentiality is subject to procedural fairness and natural justice. If the allegation is that someone banged their fist on the table and scared an employee during a meeting, in a way that was totally out of control, it may be impossible for us to fulfill our requirements for procedural fairness completely and paint a generic picture for the respondent, the person against whom the allegation is made. On some occasions, we have no other choice but to ask that person whether, on such and such a date, at such and such a meeting, they threatened such and such a person.
We treat everyone as if they were witnesses. In other words, we do not mention who the discloser is. That person is therefore a witness. There may be particular cases when we have no other choice but to say to someone, for example, that their head of finance told us about something and to ask them how they respond to it. So clearly, sometimes, we have no other choice but to reveal the identity of a source or a witness.
No disclosure that comes to us is not subject to detailed analysis on the merits before an investigation is launched. If the commissioner's decision is to not launch an investigation, no one will know. We do not advise the department and we do not obtain information from it in order to determine whether or not there is an investigation. So that is done confidentially. When an investigation is launched, we clearly do not identify the person making the disclosure in our notice of investigation. When we meet with witnesses and with disclosers, we have to be candid and tell them that we are going to do everything we can to protect their identity.
Mr. Drouin, you are perfectly right to say that situations have arisen in the past in some departments where workplaces are very small. In those cases, people know who made the disclosure. Unfortunately, those situations exist. Fortunately, there is protection against reprisals. Whether or not it is the best protection remains to be seen, but, fortunately, we do have that ability to protect witnesses and disclosers.
Let me go back to a comment made at the beginning of the meeting. The deputy head in a department has very specific responsibilities to protect the identity of witnesses and to establish a system that protects them to the extent possible. In most cases, identity can indeed be protected. There are also whistleblowers who are quite talkative. Some situations sometimes involve unions and, at other times, a group. We also have situations where there is a conflict in a department. Some are then more talkative than others. However, you are perfectly right, absolute confidentiality does not exist in the system.
Mr. Lampron, do you want to add anything?