Madam Speaker, I am pleased to rise on behalf of the constituents of Newton--North Delta to participate in the debate on Bill C-11, an act to establish a procedure for the disclosure of wrongdoing in the public sector, including the protection of persons who disclose the wrongdoing.
It has taken more than a decade for the government to accept the need for whistleblower legislation. It took a lobby by the whistleblower community, public outcry, official opposition pressure, highlights by the media, my Bill C-205, and a series of scandals including the George Radwanski affair, the gun registry cost overruns, the HRDC scandal, the scathing report by the current public service integrity officer, and the sponsorship scandal, for the Liberals to finally make good on their 1993 red book promise. Even now it is obvious that their hearts and souls are not in this legislation.
Up to now it seems that the Liberal government's policy has been to control occupational free speech rather than permitting it. They have bullied whistleblowers, intimidated and harassed them, fired them from their jobs, and have ruined their professional and personal lives rather than rewarding them as is done in the United States and other countries.
The Liberals have always believed in secrecy, confidentiality and cover-ups rather than transparency, accountability and corrective action.
Bill C-11 fails to respond to the cynicism of public servants and lack of confidence. It fails to provide adequate protection. It does not promote a climate in the federal public service that encourages bureaucrats to expose wrongdoing and corruption in government.
The biggest problem with the bill is that it authorizes the president of the Public Service Commission to report through a minister rather than directly to Parliament. The minister will then have 15 days, five more than in the previous bill, to table that report in Parliament, more than enough time to plan his counterspin.
For over a decade the PSC has been the third party. It had a mandate to deal with harassment complaints, but was given no authority or mandate to provide any restitution for damages. The public interest is served when employees are free to expose mismanagement, waste, corruption, abuse or cover-ups within the public service without fear of retaliation and discrimination.
Under Bill C-11 only those who make disclosures through the prescribed channels and whose disclosures meet specific criteria are protected. That is not good enough. If whistleblowers want to safely make a disclosure under this legislation, they must report to a supervisor first or ensure they have reasonable grounds for going directly to the president of the PSC. This disclosure must not be deemed unimportant, frivolous or vexatious, and the person must not go public. That is shameful. These provisions describe a process for containing disclosures, not encouraging them.
The scope of Bill C-11 has been somewhat improved from the previous bill when it was first introduced. Some crown corporations have been included. However, the legislation still excludes the RCMP, military personnel, CSIS, CSE and others. This means that a whistleblower, like RCMP Corporal Robert Reid, who had to go public when the authorities covered up his investigation of visa selling in the Hong Kong immigration office, would have no protection under this proposed legislation. What good is a whistleblower protection bill when it cannot provide protection to whistleblowers?
Aside from these important exclusions, the bill includes several other government agencies listed in the schedule to the act; however, cabinet may amend the schedule at any time even after the act is passed in Parliament. That gives blanket power to cabinet. As a result the government could create roadblocks anytime as it deems itself embarrassed and federal government employees may find themselves without whistleblower protection.
Bill C-11 prescribes no punishment, fines or sanctions for those who make reprisals against a whistleblower. Reprisals must be reported within 60 days of the time the whistleblower knew or ought to have known a reprisal was taking place. Although this is twice as long as the time allowed in Bill C-25, the timeline is still far too restrictive.
As I mentioned earlier, three years ago, in the face of government opposition, I introduced legislation to protect whistleblowers. That was a time when many members and many people did not know what whistleblower protection was all about. Last year the Liberals refused to support my bill. They simply lacked the political will to provide protection to whistleblowers. When I blew the whistle on whistleblowing, the Liberals had their ears plugged. They did not even want to go there.
Next week I will be introducing that legislation again because the present legislation is not capable of providing legitimate protection to whistleblowers.
My bill is unique and comprehensive. It is unique because whistleblowers like Brian McAdam; Joanna Gualtieri, founder of FAIR, Federal Accountability, Integrity and Resolution; and Louis Clark, executive director and founder of GAP, Government Accountability Project in the U.S. were consulted to take advantage of their experiences. I thank them for their input and help in drafting my bill.
Let us compare my bill and the government's bill. My bill would permit public servants to disclose alleged wrongdoing to public bodies, including the media, whereas Bill C-11 attempts to keep allegations within the department and restricts the person's right to go to the public.
In my bill an employee who has alleged wrongdoing and suffers from retaliatory action as a consequence would have the right to bring civil action before a court, whereas with Bill C-11 employees must take their claims of reprisals to an applicable labour board whose deliberations could be a very long and tedious process.
In my bill every employee would have a duty to disclose wrongdoing, whereas Bill C-11 warns that disclosure must not be unimportant, frivolous, or vexatious.
In my bill a supervisor, manager or other person of authority who harasses a whistleblower would be subject to criminal prosecution and face a fine of up to $5,000. As well, they would be subject to personal liability for any resulting damages that may be awarded to the employee pursuant to any civil or administrative proceedings. Bill C-11 prescribes no punishment for those who make reprisals against whistleblowers. Where is the protection?
In my bill, an employee who successfully blows the whistle would be recognized with an ex gratia award, whereas Bill C-11 makes no reference to these rewards, even though the current public service integrity officer states that rewards are essential. The government forgot about that.
In my bill, written allegations would be investigated and reported upon within 30 days of receipt, whereas in Bill C-11, no deadlines are set. That means it is open ended, maybe there would be an investigation or maybe not. It only says that investigations are to be conducted as informally and expeditiously as possible.
When I drafted my bill, public service whistleblowers were consulted extensively, whereas the Liberals bullied the whistleblowers and they have not even talked to the whistleblower community.
Whistleblowers should be praised, not punished. They should not pay for their public service by putting their jobs on the line. In fact, I would allow the government to steal from my whistleblower bill and put it into its bill. I am a small l liberal as far as my bill is concerned.
I will ensure that the government definitely looks at my bill in committee. I will allow it to liberally steal from my bill as much as it has been stealing part and parcel from the platform of the Conservative Party.
I believe the bill will be amended in committee, otherwise I would be forced to vote against the bill and force the Liberals, as well as all members in the House, to pass my bill and not the government's bill.