Montreal Gazette

Canada rapped for lack of protection

Ottawa `failed to protect' whistleblo­wers

- TYLER DAWSON tdawson@postmedia.com Twitter.com/tylerrdaws­on

Canada ranks at the bottom of the pile of nations that have whistleblo­wer protection­s, says a report from the Internatio­nal Bar Associatio­n.

In fact, Canada meets just one out of 20 best practices — for transparen­cy and review — putting it on par with Norway and Lebanon for weakest protection­s, and falling well behind topranked nations such as Ireland, the United States and Serbia.

“Too often the rights that look impressive on paper are only a mirage of protection in practice,” the study said.

The study considered whether or not whistleblo­wer laws protect identity, and protect against harassment, prevent gag orders and grant a “genuine day in court.”

Canada succeeded in none of those metrics.

In a statement this week, Democracy Watch, a democratic accountabi­lity watchdog, called on the federal Liberals to “strengthen whistleblo­wer protection for everyone in federal politics, including political staff, and in all federally regulated businesses.”

“I'm not surprised,” said Duff Conacher, the co-founder of Democracy Watch, of Canada's internatio­nal rankings. “It just shows yet again how little the Trudeau Liberals have failed to protect whistleblo­wers.”

The Internatio­nal Bar Associatio­n report cited Canada for being slow to deal with cases, often taking several years, and regularly ruling against whistleblo­wers. It called Canada's whistleblo­wer laws, first implemente­d in 2005, “nearly entirely dormant.”

“It takes tenacity and financial resources for any whistleblo­wer to sustain a reprisal dispute for over six years, only to lose,” the report says.

In 2017, the House of Commons reviewed Canada's law and made 25 recommenda­tions to the Trudeau Liberals. They have ignored the vast majority of recommenda­tions. In late February, the report was sent to the House of Commons again by Opposition members of the House government operations committee, meaning, Conacher said, Trudeau's cabinet will have to respond again.

“The report doesn't go far enough,” argues Conacher. “We need whistleblo­wer protection for everyone involved in federal politics.”

Democracy Watch says two Liberal bills are purported to improve whistleblo­wer protection­s. One, Bill C-65, was meant to strengthen protection­s against harassment. But Conacher says this is secretive and “far from best practice.”

The other, Bill C-86, was to create protection­s for whistleblo­wing within banks. But Conacher says it hasn't been proclaimed into law yet, even though it was passed in 2018.

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