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Government Operations committee  May I respond, Mr. Chair?

May 15th, 2023Committee meeting

Mireille Laroche

Government Operations committee  Thank you, Mr. Chair. Mrs. Vignola, thank you for your comments. In paragraph (d) of the definition of reprisal, the act refers to working conditions. According to the Canada Labour Code, that includes physical conditions and well-being at work, that is, emotional conditions. The employer therefore has to make sure that the employee is treated well, psychologically and physically, and that they are safe.

May 15th, 2023Committee meeting

Mireille Laroche

Government Operations committee  Thank you very much for the question. In comparing the two, I have to agree with Mr. Fergus: the definition found in paragraph (d) is very broad. Working conditions, for example, can include any psychological, health, or wellness element of work. Whether that narrows or broadens the scope of the act depends on how it is interpreted by the commissioner and, subsequently, the courts.

May 15th, 2023Committee meeting

Mireille Laroche

Government Operations committee  Sorry, could you please say that again?

May 15th, 2023Committee meeting

Mireille Laroche

Government Operations committee  Thank you for the question.

May 15th, 2023Committee meeting

Mireille Laroche

Government Operations committee  All right. The amendment 12418922 aims to remove political interference as wrongdoing. The issue with leaving it there is that when somebody has a complaint, they can do it two ways. They can go to the PSIC or they can go internally to the senior official who's been delegated and to various people.

May 15th, 2023Committee meeting

Mireille Laroche

Government Operations committee  Building upon the previous response I gave, in order to have a practical or functional definition, we need precision in what it means. I will agree that with some definitions, and even interpretations at times of different laws and practices, we look at what the intent is behind certain policies and programs.

May 15th, 2023Committee meeting

Mireille Laroche

Government Operations committee  Sorry, but what was your question?

May 15th, 2023Committee meeting

Mireille Laroche

Government Operations committee  Thank you for your question. I'm actually not a lawyer, so I wouldn't want to venture an answer. I will say, though, that the courts do have to interpret legislation in applying the law and obeying the spirit of the law as intended by parliamentarians.

May 15th, 2023Committee meeting

Mireille Laroche

Government Operations committee  Could you please repeat that? I'm sorry. It's only BQ-1 and not....

May 15th, 2023Committee meeting

Mireille Laroche

Government Operations committee  I'll leave it up to the committee to choose the definition, but there are a number of definitions. As mentioned, the Conflict of Interest Act has a definition, but so does the Public Service Employment Act. Therefore, depending on how the various acts are used, the definition is usually understood as having a particular scope.

May 15th, 2023Committee meeting

Mireille Laroche