Government Operations committee  I just want to make this point: When betrayed or abandoned by my government, I learned that I was embraced by our people. I have spoken to churches, to universities, to professional associations. What I learned was that they universally cared. The people cared about whistle-blowers and about the opportunity for truth to come forward.

Government Operations committee  I do.

Government Operations committee  Yes. It's a bit off-point, but one thing that has not been adequately discussed in committee is the role of the media. Whistle-blowers in the States taught.... This issue should really go back to Tom. The media is an essential ally. It's not a friend of the whistle-blower, but it is an ally in the public interest.

Government Operations committee  I just want to add, as somebody who dealt with the system as a whistle-blower and, obviously, as a lawyer: Our common law system proceeds on objective evaluation of things. The introduction of “good faith”, which has served only as a weapon against whistle-blowers, is really at odds with the way the law functions, which is to evaluate things from an objective standard.

Government Operations committee  I think that's an excellent question, because it's one that has been debated for a long time. Public servants will tell you that their loyalty is to the people of Canada, but this does not conflict...in other words, it is not at odds with loyalty to a boss if the boss is a good boss.

Government Operations committee  Thank you, Mr. Chair. I've already condensed it, so hopefully we'll be under two minutes. With Tom's absence last week, I return to provide testimony that Tom and I had collaborated on. At FAIR, the whistle-blowing charity I founded and where Mr. Hutton came to volunteer, I wrote standards for a good law, adopting Tom's work.

Government Operations committee  Burden of proof is a very straightforward concept, really. Generally, when you go into a legal action, the burden of proof rests with the complainant. With whistle-blowing legislation, it shifts the burden. In this instance, it would be to the government, which would have to prove that it did not retaliate because the person blew the whistle.

Government Operations committee  It's not only non-disclosure agreements, Mr. Barrett. It's also.... The departments have, basically, gag orders for what you can say or do, or how you can communicate in the workplace. Those cannot cancel out your whistle-blowing rights.

Government Operations committee  That's an excellent question. Listen, I joined the public service in 1992. My sister is also in the public service, and I've had other extended family members in the public service. I think that there has been a decline in the public service for many decades now. Increasingly, there was a concentration of power into the PCO, into what, at that time, we called the mandarin class.

Government Operations committee  I think the best way to answer that—again, because time is sacred here—is that we can provide that to you in writing. I have been providing it to committees since 2004. Tom is really the master of these best practices. Many countries around the world have implemented them. We have, currently, one.

Government Operations committee  You have to endorse this bill. We can assist you with amendments. Again, it's limited. Spending cannot be in a private member's bill, and much of this relates to spending, remedies. A whistle-blower who sacrifices everything needs to be able to get a remedy. That is a spending issue.

Government Operations committee  Do you have any time left? If you do—

Government Operations committee  The burden of proof is a big one. Gag orders.... I apologize. I should have raised this. I was put under what my lawyer, a very senior lawyer who litigated my case, said was the most draconian gag order he had ever seen. You cannot give rights under this act, and then, at the same time, gag people—which is done both at the front end in the employment context and then at the other end when they come out after disclosure.

Government Operations committee  The answer to that is correct. It was very clear that there was the threat of libel. It's a very convenient device to be used, but ultimately, as hard as it is, I believe that nothing is more powerful than truth.

Government Operations committee  I think that's a very critical question. There's a lot of sycophantic behaviour in government, as there is in institutions in general. I believe that all people should be treated equally, recognizing of course that there has to be deference and respect to your bosses. The question you ask is a far larger question than we can address today, and it goes to the whole issue of ministerial accountability, which has been eroded now for decades in Canada.