Government Operations committee  If I could just jump in quickly, I was just going to say that what Tom and I have been arguing internationally and what he said so eloquently is that whistle-blowing is really about institutional accountability. It isn't really about the whistle-blower. I think that is what gets missed when these laws are passed: We focus so much on how the individual delivers the message, and whether they did it in the appropriate way.

Government Operations committee  Yes. I will send some examples to the committee, but in the EU directive there are sanctions against breaches of confidentiality, for example. If someone raises a concern and does it in confidence, then those guarantees are now...there are actual sanctions. There have been cases that have happened in the U.K., for instance, and this is because the private sector is also covered, but I think these examples go across sectors.

Government Operations committee  No, and I'd like to explain. In the U.K. context, it was removed. The “good faith” test was taken out of the Public Interest Disclosure Act. It's a very real example. What ended up happening was that it became a bar to even getting past the first hurdle in a legal case. It became the case that the individual's motives were what was on trial.

Government Operations committee  Do you want me to provide that later, or do you mean right now?

Government Operations committee  Sure. Many of the principles that Tom Devine has put in and that I was discussing—the five I mentioned—are in the EU directive. This will mean that 27 member states will have to transpose the directive into their national systems. There will be the ability to raise issues internally.

Government Operations committee  Yes. It has to be a broad and workable definition of information. There has to be a range of protected channels to ensure that there are alternatives where any are blocked. The reverse burden of proof absolutely has to happen, because that is the only element that really ensures that you are levelling the playing field.

Government Operations committee  Thank you. I'm very pleased to be here today. As a fellow Canadian who hasn't worked in the field of whistle-blowing directly in Canada, except through some work with the Centre for Free Expression at Toronto Metropolitan University, I'm very pleased you're reviewing this law. I have worked in the field for 23 years.