No effective whistleblower legislation on the horizon to actually protect civil servants

Canadian Historical Association


Public Accounts Committee, March 25,2004


Mr. Vic Toews: Generally speaking, can you talk about the system that was in place--the issue of controls? You indicated you dealt with the contract and made sure a contract was there, but was the actual paper trail involved in all of that extensive? How would you describe that paper trail?
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Ms. Huguette Tremblay: The paper trail was not extensive. Orders were usually given to me verbally, by either Mr. Guité or Mr. Tremblay, to prepare a requisition that would eventually generate a sponsorship contract. I was told what the event was, what the amount was, and who the advertising agency managing the event would be. It was rarely in writing.
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Mr. Vic Toews: Speaking as a former public servant, that is a little unusual. Would you agree with that?
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Ms. Huguette Tremblay: Yes.
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Mr. Vic Toews: Would you say it was deliberately conducted in this way, almost deliberately sloppy?
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Ms. Huguette Tremblay: I believe so.
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Mr. Vic Toews: That's based on your experience as a public servant of 29 years.
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Ms. Huguette Tremblay: Yes.


Testimony at the Gomery Commission , March 29 2005

volume 87 page 72


MR. COURNOYER: Okay. 9
And did Mr. Guité –- you used the expression, “the 10
Minister didn’t want there to be any paper trail”, if I’m 11
quoting what you said in your testimony correctly? 12

MS. TREMBLAY: Yes. 13

MR. COURNOYER: And what does that mean in practical 14
terms? Did Mr. Guité tell you specifically what should be done, 15
in practical terms, to comply with the Minister’s request? 16

MS. TREMBLAY: I remember that there wasn’t to be 17
anything in our files. Therefore, the event didn’t appear in our 18
sponsorship lists at the time because, as you know, we had all 19
that on computer records, I believe, in ’98-’99. Consequently, 20
this sponsorship wouldn’t be in our records. 21
22

Whistleblowers


Lesley Anthony and Jean Bowen, were hailed as heroes after they secretly videotaped the plight of an elderly woman in a Versa-Care Long-Term-Care Home. Lesley Anthony is being accused of professional misconduct for her actions.


Dr. Barry Armstrong, Canadian Armed Forces. The Canadian Forces doctor was considered one of the initial whistle blowers in Somalia Inquiry. There was a campaign within the military to smear him until he retired.


Myriam Bedard in the context of the Sponsorship Scandal disclosed that she had been pushed from her marketing department job at Via Rail in 2002 shortly after raising concerns about the company's dealings with advertiser GroupAction. This led to the firings a few days later of Via Rail chairperson Jean Pelletier and president March LeFrancois.


Dr. Michelle Brill-Edwards, of the Health Protection Branch, resigned in 1996, claiming wholesale abuses inside the Branch.


Bruce Brine who had 22 years of policing and a 1994 governor-general's award for exemplary service, was fired from his job as chief of the Halifax ports police in 1995 after he made allegations that senior officials with the Canada ports police were getting kickbacks from the Hells Angels. The ports police were disbanded in 1998 and the ongoing investigations were abandoned -- just as they were in Vancouver in 1997. Much of the material from the files of those investigations was listed as missing when Mounties began to pursue his obstruction complaint. Nova Scotia Human Rights Commission awarded him a cash settlement, an apology and a letter of reference from the port authority.



Dr. Shiv Chopra, a senior veterinary drug evaluator in Health Canada's Therapeutic Products and Food Branch, along with Dr. Margaret Hayden in the Animal Health Division, and Gerard Lambert blew the whistle on the drug approval process for bovine growth hormone and animal feed. They said human health concerns were being ignored due to pressure from lobbyists of drug companies. CBC: Madcow Health Canada told to compensate fired employee Scientists to fight Health Canada firings Health Canada fires outspoken scientists Health Canada fires 3 scientists Health Canada



Allan Cutler lodged a complaint, which prompted a departmental audit of the advertising and public opinion division. But by the time the audit was underway, Cutler was transferred to the technical and special services division of Public Works. During the Sponsorship Scandal investigation Cutler tabled an inch thick document which contained meticulous notes, memos and his own diary detailing how the rules were being broken.


Perry Dunlop, a police officer in Cornwall, Ontario, uncovered a local pedophile ring, and twice fought charges of contravening his duties under the Police Act for handing the case. He was cleared of any wrongdoing, as judges ruled that his duties to Children’s Aid superceded his responsibilities as a police officer. But he still had enough of the taunts and threats, and moved with his family to the west coast.



Bernard Dussault, chief actuary, Canada pension plan, reported that he was asked to modify numbers to paint a more positive state of the CPP. He was fired.



Joanna Gualtieri and John Guenette at DFAIT, blew the whistle on waste and lavish spending on diplomatic housing and embassies. The Inspector General and Auditor General of Canada later supported there allegations. Gualtieri and Guenette claimed the bureau seemed not to care, that their bosses harassed them for raising the concerns and that they were given dead-end jobs after coming forward. Both bureaucrats went on stress leave. After a four-year battle they were given the right to be heard in court. Joanna Gualtieri is still doing battle for whistleblowers as the Director of Federal Accountability Initiative for Reform (FAIR). Should I Tell When It Hurts:Conflict And Conscience In WHISTLEBLOWING


Gary Lovett got fired for telling the media that Canada's base in Afghanistan didn't have adequate fire-fighting gear. Though his pay came from the Canadian government, it flowed through a contractor, SNC-Lavalin.


Linda Merk discovered that the president and business manager of Ironworkers Union Local 771were double dipping on their travel expenses. Raise the matter "in house” and then went to the police. She was fired. The Supreme Court will hear Merk's case, while police continue to look into her original accusations of fraud.



Brian McAdam was a 30-year veteran Foreign Service officer in Canadian diplomatic missions in the Caribbean, Europe, the Middle East, South America and Asia. In 1991 he documented evidence of corruption at Canada's foreign mission in Hong Kong and the cover-up by the Chretien government. He took an early retirement.



Russell Mills, was fired from his job as the publisher of CanWest's Ottawa Citizen when he called for the resignation of Prime Minister Jean Chrétien who had lied repeatedly in the case that has become known as Shawinigate.


Dr. Nancy Olivieri, a scientist at the Hospital for Sick Children and clinical professor at the University of Toronto discovered evidence suggesting that a drug she was testing might be life threatening. Apotex Inc. which partly funded her research insisted that she should not publish her results and threatened legal action if she were to inform the patients in the trials. The U of T showed its concern for health and scientific integrity by refusing to intervene, of course, the fact that at that time the U of T was negotiating with Apotex Inc. for a multimillion dollar donation for a new building presumably had nothing at all to do with the matter. After a Report vindicates Dr. Nancy Olivieri, she took a leave of absence to pursue her research.



Corporal Robert Read, a veteran RCMP officer associated with the report called “Sidewinder”, which has been ignored due to political pressure. The RCMP ordered Read to resign or be fired for his actions. The RCMP Adjudication Board recommended that the Commissioner of the RCMP reinstate Read. The RCMP rejected the recommendation to reinstate whistleblower.


Ron Robertson

EDMONTON - Ron Robertson dismissal is the latest in a series of events which began in 1998, when he came forward with concerns the force had been infiltrated by organized crime. (Edmonton Sun) PREVIOUS: Detective dumped Internal Affairs: Edmonton Police under the microscope


Louise Ross, who worked in the Prime Minister's Office as the assistant to the professional photographer for the House of Commons, found out that the photographer was using House of Commons equipment for his own benefit. She went to her superior and said that she thought that was wrong. She was fired.



Michael Sanders, financial analyst, Office of the Superintendent for Financial Institutions, blew the whistle on the absence of sufficient safeguards to protect taxpayers against the collapse of major financial institutions. He was fired from his job.



Bob Stenhouse, a much-decorated, 18-year veteran of the force with extensive undercover experience, landed in hot water in 1999 when he disclosed RCMP plans for outlaw biker gangs to Yves Lavigne which appear in the book Hells Angels at War. Stenhouse was found guilty of discreditable conduct and ordered to resign. A court ruled his disciplinary hearing was unfair and ordered a new one which ruled he should be reinstated. In June of 2004 he was reinstated and then immediately suspended with pay while the RCMP awaits a new court-ordered disciplinary hearing.