Bill C-2 (39th Parliament, 1st Session) committee  No. Let me clarify my position on that. My position is that following the investigation--and I've put this in my presentation, which I've provided--all records must be released to the public. I further advocate that there should be a public registry where people can go and consult them.

Bill C-2 (39th Parliament, 1st Session) committee  Thanks very much.

Bill C-2 (39th Parliament, 1st Session) committee  First of all, I'd like to thank you. I thank you for the inclusive approach that you've taken. It has been most helpful, and I tell you that many whistle-blowers are very, very grateful for it.

Bill C-2 (39th Parliament, 1st Session) committee  That's the first point I'd like to make. I agree with your point about the tribunal being made up of a group of judges. The tribunal is comprised of judges, and of course we do respect the independence of the judiciary. Those judges, however, are appointed by the Prime Minister and he does have the authority to select who those judges are.

Bill C-2 (39th Parliament, 1st Session) committee  I spent years working within the system. I felt that was simply what one does. In fact, I didn't realize how much they wanted to get rid of me. I spent years trying to do my job. And this must be understood; this is the reality for so many whistle-blowers: they are merely doing their job.

Bill C-2 (39th Parliament, 1st Session) committee  It's not in dealing with my case. They wanted that on just one interlocutory motion; for a one-day proceeding the government sought that.

Bill C-2 (39th Parliament, 1st Session) committee  I think there's a tremendous amount of goodwill on the part of the government in establishing a special-purpose tribunal. That in and of itself may not be a bad thing. History shows that tribunals can become politicized. They've had a terrible experience of this in the United States.

Bill C-2 (39th Parliament, 1st Session) committee  That's a very good point, Mr. Dewar. I think we have to demonstrate that when the wrongdoer retaliates there will be swift and immediate action against the wrongdoer. That will send the message that harassment is not the tried and true response against a whistle-blower. The isolation is profoundly troubling.

Bill C-2 (39th Parliament, 1st Session) committee  Very soon after starting with the Department of Foreign Affairs I ascertained very quickly.... I started in February of 1992, and I started to speak out after my trip to Tokyo on the gross abuses against the public purse in Tokyo. I went there in July of 1992.

Bill C-2 (39th Parliament, 1st Session) committee  I recognize your point, Monsieur Sauvageau, and I think it's a very logical one. However, speaking to whistle-blowers, I think you'll get a different response. That is because they have the experience of going through it. If we pass a law that is inadequate, then we potentially give the false impression that people are protected.

Bill C-2 (39th Parliament, 1st Session) committee  No, I don't support that. My point is that you give rights to the whistle-blower to claim for damages. Damages are not unjust enrichment; you have to prove your damages. But I can assure you that the damage for most whistle-blowers far exceeds a trivial thousand dollars. Merci.

Bill C-2 (39th Parliament, 1st Session) committee  Let me just break that down. Bill C-11 prohibits disclosure, for instance, of cabinet confidences or solicitor-client privilege. So anybody who ascertains that there is evidence of wrongdoing in those documents must remain silent. I obviously have a problem with that. The other point is--

Bill C-2 (39th Parliament, 1st Session) committee  That's a very good question. I feel that it is dangerous to implement Bill C-11 as it currently is. I feel that as a whistle-blower and as a lawyer. It's very hard to amend laws once they are in place and there develops a certain inertia. The point that must be made about whistle-blowing is that many public servants don't even know they're whistle-blowers.

Bill C-2 (39th Parliament, 1st Session) committee  Thank you for those questions. I must profess, you are far more an expert on the parliamentary system than I am. I know, I have friends who have spoken very highly about the work you've done. I think the point that has to be made is that there has to be a strong signal that corrective action will be likely.

Bill C-2 (39th Parliament, 1st Session) committee  Thank you. Good afternoon.