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Government Operations committee  I've seen it happen.

March 23rd, 2017Committee meeting

David Yazbeck

Government Operations committee  Yes, I agree. That can be a problem.

March 23rd, 2017Committee meeting

David Yazbeck

Government Operations committee  I don't think so. I think that taking up that kind of litigation is going to be costly, can be difficult, and is uncertain. I think a regime that allows a body like the commissioner, or the equivalent of the commissioner, to do investigations of an expert body would be better, as

March 23rd, 2017Committee meeting

David Yazbeck

Government Operations committee  I'm actually not sure what the standard would be in that other situation. I'm not sure how a court would approach that. Certainly, it would be the civil burden of proof—right?—the balance of probabilities, etc. If you are proving reprisal, it's the same burden of proof. It's a ba

March 23rd, 2017Committee meeting

David Yazbeck

March 23rd, 2017Committee meeting

David Yazbeck

Government Operations committee  I don't want to repeat what I've said before and waste the committee's time, but something did come up earlier this evening when there were questions about the definition of wrongdoing. I do think that definition is much too narrow. You talk about “gross mismanagement”. Well, it

March 23rd, 2017Committee meeting

David Yazbeck

Government Operations committee  I would agree with that. I think there is difficulty in relying on the good faith obligation. I'm not condoning bad faith disclosures, but oftentimes people think of good faith as having, for example, a proper motivation. So if somebody is disclosing something because they want

March 23rd, 2017Committee meeting

David Yazbeck

Government Operations committee  I can't really answer that. I believe my clients have been making legitimate disclosures, or at least attempting to. I would imagine it's not far off, because we're dealing with human nature.

March 23rd, 2017Committee meeting

David Yazbeck

Government Operations committee  I can see that there could be a personal impact. Investigations such as that are stressful. There would be a period of time where they're suspected of something. If they were to retain their own counsel, there would be a cost associated. So there could be implications there.

March 23rd, 2017Committee meeting

David Yazbeck

Government Operations committee  I would say that he's incorrect in saying he can't touch it. He certainly has the discretion to decide not to touch it. In the Court of Appeal's judgment, in the reasons, it said that one of the things a commissioner might want to do is consider waiting until the adjudication pro

March 23rd, 2017Committee meeting

David Yazbeck

March 23rd, 2017Committee meeting

David Yazbeck

Government Operations committee  I think so, yes. If you look at Ms. Therrien's circumstance particularly, she's wrapped up in this jurisdictional dispute, which frankly involves some fairly complicated legal arguments. If you were there on your own, you would just be overwhelmed and just obliterated by that. Th

March 23rd, 2017Committee meeting

David Yazbeck

March 23rd, 2017Committee meeting

David Yazbeck

Government Operations committee  It's probably about 30:70 with 30% wrongdoing and 70% reprisal.

February 9th, 2017Committee meeting

David Yazbeck

Government Operations committee  It seems that way.

February 9th, 2017Committee meeting

David Yazbeck