Government Operations committee  First of all, any member of the public can come to us regardless of their profession, regardless of their background. So that's the ground rule. There's a specific provision. Joe, do you want to read it? I thought you might find it interesting.

Government Operations committee  There is also the distinction between a protected disclosure and a disclosure that is disclosed in the media. For instance, in an emergency situation, someone might decide to disclose in the media. I know that your question relates to an actual reporter specifically, without, of course, going forward.

Government Operations committee  Mr. Chair, the act is very clear on that. For us to have jurisdiction over cases of reprisal, there absolutely has to be what is called a nexus with the disclosure. There must be a direct link with a disclosure previously made in the public interest about wrongdoing within the meaning of the act.

Government Operations committee  In fact, Mr. Chair, we consider this to be a very important element because we want to avoid, first of all, duplication. We want to make sure that our role is complementary and, if there is a process ongoing, that we're not seen as interjecting inappropriately. With respect to what constitutes a wrongdoing, again it's still early days, and we're also guided by some eminent jurists as well as by some retired Supreme Court judges.

Government Operations committee  This is the jurisprudence. There is right in the act a specific definition that I omitted to refer to. Usually, it's in my opening speech. In fact, wrongdoing is: a contravention of any Act of Parliament or of the legislature of a province, or of any regulations made under [the] act...; a misuse of public funds or a public asset; a gross mismanagement in the public sector; an act or omission that creates a substantial and specific danger to the life, health or safety...or to the environment, other than a danger that is inherent in the performance of the duties or functions of a public servant; a serious breach of a code of conduct established under section 5 or 6; and knowingly directing or counselling a person to commit a wrongdoing set out in any of the paragraphs...

Government Operations committee  Yes. In small agencies, there are often expectations because everyone knows everyone else. In some cases, the expectations are about a promotion that is often impossible because of the structure. We also have to be flexible with the good practices. I have sent Ms. Barrados what we generally call our good practice decks.

Government Operations committee  We are in contact with people in Treasury Board. We have some practical recommendations for them.

Government Operations committee  Mr. Chair, these are excellent observations. We're very conscious of, first, not paralyzing the system and, second, of not shutting down institutions that absolutely must continue to operate. It would be extremely disruptive. When public interest is guiding the disclosure, what they ultimately want is an end to the behaviour, an immediate correcting action, and a visible change in the management.

Government Operations committee  Wrongdoing doesn't happen overnight. Wrongdoing, according to the academics I've consulted, is issues that are wide-ranging throughout the organization and have been known and not acted upon for a period of time. We've looked as well at labour jurisprudence and precedents. It occurs when the combination of those factors make it so that you can no longer deliver on your mandate.

Government Operations committee  The concept is very important.

Government Operations committee  I am concerned that people are afraid to come forward. I've written a whole chapter in the annual report, yes.

Government Operations committee  I'll say just a few words about Public Concern at Work, which is the organization I believe the member is referring to in the U.K. That has a very different mandate. It covers hospitals and some education systems. It was one of the first organizations I contacted when I took office.

Government Operations committee  I don't know if that's the case.

Government Operations committee  We have pending cases that we're not going to comment on. I can't deny or confirm whether we're looking at those cases, unfortunately.

Government Operations committee  Thank you, Mr. Chair. First, let me clarify, with respect to the terminology of “whistle-blowing”, that this is the general reaction I have received. In fact, I have used it occasionally so that people understand the mandate with regard to the term “whistle-blowing”.