Photo by Whitehorse Star
Jan Stick
Photo by Whitehorse Star
Jan Stick
After 10 years of talk about whistle-blower legislation, the all-party select committee of the legislature formed last year has issued its final report and recommendations.
After 10 years of talk about whistle-blower legislation, the all-party select committee of the legislature formed last year has issued its final report and recommendations.
The report was tabled Tuesday.
The committee was made up of three Yukon Party MLAs, one NDP and one Liberal MLA.
It made 10 recommendations, including that all government departments and corporations be covered by the legislation.
The committee further recommended that it only apply to employees, and that those employees must exhaust departmental procedures before approaching the ombudsman, who would be responsible for investigations and the protection of whistleblowers.
The committee suggests that the types of wrongdoing covered by whistle-blower legislation should remain consistent with those covered in other jurisdictions. including:
• contravention of an act of Parliament or the Yukon legislature;
• gross mismanagement of public funds;
• an act or omission that creates substantial danger to the life, health or safety of persons or to the environment; and
• knowingly directing or counselling a person to commit an act of wrongdoing.
The committee recommends that those acts, for which a whistle-blower would not be protected if he or she disclosed them, be outlined clearly.
Whistle-blowers should report the incident within two years of it taking place, the committee recommends.
That person would be protected from "reprisals”, including:
• a disciplinary measure;
• a demotion;
• termination;
• any measure that adversely affects his or her employment or working conditions; and
• a threat of any of the above.
For any managers who discipline a whistle-blower, the committee recommends they be subject to fines up to $10,000 and discipline up to dismissal.
If it's found that the whistle-blower's complaint was not warranted or malicious in nature, they could also be subject to up to a $10,000 fine and discipline up to dismissal.
Finally, the committee recommends that whistle-blower legislation include a mandatory review after five years, but not a sunset clause.
In an interview Wednesday following question period, Jan Stick, the NDP MLA for Riverdale South and a member of the whistle-blower committee, said she thinks its recommendations are a "good thing.”
Sandy Silver, the interim Liberal leader, concurred.
Silver said implementing the committee's recommendations "should be a no-brainer.”
"There's nothing really outrageous in the committee's report,” he said, noting its recommendations closely resemble Manitoba's legislation.
During question period Wednesday, NDP Leader Liz Hanson asked when the government would table legislation now that it has the recommendations of the committee.
In response, Community Services Minister Elaine Taylor noted the government had only received the report Tuesday. It will review the report and move
forward in "short order,” Taylor said.
"With respect to the member opposite's comments with respect to lack of protections for Yukon government employees, I would just remind the member opposite that there is public sector legislation,” said the deputy premier.
"There are collective agreements that also provide a variety of dispute resolution mechanisms available to employees who challenge the actions of the employer itself, ranging from civil action in the courts, grievances, adjudications and again through the use of the human rights commission.
"We are committed to upholding the various avenues to resolve disputes among Yukon government employees, and we're very much committed to whistle-blower legislation as well.”
Silver called Taylor's response "typical and disappointing.”
"For the minister of Community Services to get up and say, ‘we've only seen this report for a couple hours,' well then, what about communicating with your peers?
"You've had a couple, three different MLAs that are on your team that have been working on this file for over a year now. To say that your government has only just now seen this report – that was a little troubling,” he noted.
But the real question is how long will it take the government to move on whistle-blower legislation and will they agree with all the recommendations put forward, Silver said.
"It's good legislation; it shouldn't have any problem going forward, and also the members of the Yukon Party who were involved, they had ample opportunity at that time if they didn't want a certain thing to happen or if they didn't want this legislation for a certain group of people then they had their time to say that in the committee meeting.”
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