Whitehorse Daily Star

NDP looks to prod whistle blower debate

The NDP leader is willing to make changes recommended by other parties to his whistle blower bill as the two parties were slated to debate it this afternoon.

By Whitehorse Star on March 31, 2004

The NDP leader is willing to make changes recommended by other parties to his whistle blower bill as the two parties were slated to debate it this afternoon.

'It is to get the debate happening,' Todd Hardy said in an interview this morning of his private member's bill he introduced Tuesday in the legislature.

'I'm very open to progressive change.'

Hardy hoped this afternoon's planned debate would see the MLAs discuss the bill. It's meant to protect civil servants who bring the government's misuses to light and strengthen operations where possible.

He believes all three parties will work together on this bill. Hardy noted that at some point in the past few years, all three parties have promised to bring forward such legislation.

The governing Yukon Party promised such a law during the 2002 election campaign.

On Monday, Hardy asked Public Service Commission Minister John Edzerza when the Yukon would see such a law. The territorial government is waiting to see what happens with Ottawa's bill, which Edzerza admits may die without being passed.

Hardy felt there was no need to wait, which is why he introduced the private member's bill.

The bill is an amendment to the Public Service Act to protect any bureaucrat from a retaliatory action for complaining about a problem within the government.

The act states an employee can complain to the Yukon's privacy commissioner if he or she believes a government policy or practice or the actions of another bureaucrat are:

  • against a territorial or criminal law;

  • has led to 'gross mismanagement' of government resources;

  • has led to a an abuse of authority;

  • poses a serious safety risk to any person; or

  • creates a grave environmental hazard.

According to Hardy's bill, the types of retaliation they are protected from include:

  • firing or threat of firing;

  • suspension or threat of suspension;

  • any other kind of penalty; and

  • any other attempt to intimidate or coerce an employee to keep him or her from speaking out.

The bill includes parts of a 2002 version the then-Yukon Liberal government introduced but did not get passed and portions of a 1993 bill introduced by the former Ontario NDP government.

This act also protects employees who go public with their concerns by permitting them to get advice from the privacy commissioner about going forward through an MLA, or 'other public means.'

All complaints would go through the independent privacy commissioner and not the Public Service Commission.

Hardy believes the person should be seen as separate from the government.

'The Public Service Commission is still considered a department of the government and still reports to a minister,' he said.

'This, hopefully, would instill some confidence (in whistle blowers).'

Edzerza wouldn't return the Star's request for an interview to see what he thinks about the bill.

Edzerza's executive assistant, Roxanne Vallevand, along with the premier's principal secretary, Gordon Steele, Department of Justice deputy minister Bill Craik and Public Service Commissioner Pat Daws all attended a briefing Tuesday from the NDP on the contents of its bill.

'We've really gone the extra mile to make this as acceptable as possible,' Hardy said of the bill.

Liberal Leader Pat Duncan is looking forward to debating the bill today. She would like to see discussion for more than just one day.

She indicated the MLAs may choose to call witnesses into the assembly to discuss the bill if debate goes beyond today.

Be the first to comment

Add your comments or reply via Twitter @whitehorsestar

In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.

Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.