Canada's Whistleblower Protection is virtually non-existent

The Washington Government Accountability Project analyzed 61 nations' whistleblowing protection laws. Canada and Lebanon are last, as well as Norway and Australia. The ability to report issues safely within a corporation, the guarantee of not becoming worse off after blowing the whistle, and protecting identities when it comes to confidential disclosures were all considered. 20 criteria were assessed, including how protected people's identities are when they make sensitive reports inside their workplace and whether they are protected if they report issues outside their company.

This is a problem because whistleblowers play a vital role in keeping our governments and institutions honest. They help to expose waste, fraud, and corruption, and they help to ensure that our laws and regulations are being followed.

Without strong protections for whistleblowers, it is very difficult for them to come forward and report what they have seen. This means that many wrongdoings go unreported, and the Canadian public is left in the dark about what is happening in their government and institutions.

There are a number of reasons why Canada's whistleblower protection program is so weak. First, there is no single law that protects whistleblowers. instead, there is a patchwork of laws and regulations that provide some protections, but these are often inadequate.

Second, even when whistleblowers are protected by law, they often face retaliation from their employers. This can include being fired, demoted, or blacklisted from future employment.

Third, Canada's courts have been reluctant to protect whistleblowers from retaliation. In one recent case, a court ruled that an employee who was fired after blowing the whistle on her employer could not sue for wrongful dismissal because she had not first gone through the proper channels within her company.

This is a major problem because it means that many whistleblowers are afraid to come forward for fear of retribution.

As an example, if an employee is called on to perform an otherwise corrupt act, where do they turn for assistance when there is currently no statutory framework to protect them? The answer, unfortunately, is nowhere.

This needs to change. The Canadian government needs to enact a comprehensive and effective whistleblower protection program that will give whistleblowers the confidence to come forward and report wrongdoing without fear of reprisal. until this happens, Canada will continue to lag behind the rest of the world when it comes to protecting those who speak out against corruption and malfeasance.

We at WVG Law Group have seen this translate to personal injuries from employees taking on abuse, both physical and psychological from unchecked government bodies. We have tried to make use of the resources available to our clients. The inadequacy is shocking and disappointing. Our clients are essentially told to produce internal evidence of a corrupt act in order to beet a presumption that nothing wrong has occurred. It could not be more flawed. Even where an employee is successful, retribution or economic relief is non-existent, magnetizing the level of sacrifice required for someone to stand against a corrupt employer.

This is why we are calling on the Canadian government to enact a comprehensive and effective whistleblower protection program. We need to give whistleblowers the confidence to come forward without fear of reprisal. Only then can we hope to stamp out corruption and malfeasance in our government and institutions.

If you or someone you know has been the victim of reprisal for blowing the whistle, we can help. Contact us today for a free consultation. Together, we can make a difference.

Resources for Canadian Whistleblowers:

1. Whistleblower Protection Program (Canada): https://laws-lois.justice.gc.ca/eng/acts/W-12/page-1.html 

2. Public Servants Disclosure Protection Act: https://laws-lois.justice.gc.ca/eng/acts/P-33.6/page-1.html

3. Office of the Public Sector Integrity Commissioner of Canada: https://www.psic-ispc.gc.ca/ 

4. Canadian Civil Liberties Association - Whistleblowing Rights and Responsibilities: https://ccla.org/rightswatch/whistleblowing-rights-and-responsibilities/#_ftnref4 

5. BC Freedom of Information and Privacy Association - Whistleblower Resources: https://bcfipa.org/whistleblowers