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Currie Dixon

Whistleblower legislation wins the opposition’s tentative approval

The government and the opposition are, after years of disagreement, in harmony at last on hotly debated, long-awaited whistleblower legislation — for the most part.

By Christopher Reynolds on November 3, 2014

The government and the opposition are, after years of disagreement, in harmony at last on hotly debated, long-awaited whistleblower legislation — for the most part.

The bill, put forward last Thursday, aims to protect territorial public employees who disclose wrongdoing in the workplace.

“This legislation provides a robust framework for the disclosure and investigation of significant and serious matters relating to a Yukon public entity,” said Currie Dixon, the minister responsible for the Public Service Commission.

Those “serious matters” refer to conduct “that an employee believes may be unlawful, dangerous to the public or injurious to the public interest,” he continued, quoting the act verbatim.

The provisions also provide for the appointment of a commissioner to investigate disclosures and complaints of reprisals by higher-ups.

NDP House Leader Jan Stick — the Opposition critic on issues related to the ombudsman and information and privacy commissioner — basically approved of the proposed bill.

“We’re really happy to see something come forward,” she said in an interview this morning.

Last April, the Yukon’s ombudsman urged the government to implement more effective protection of whistleblowers than what the government had initially proposed — allowing the commissioner to merely recommend, but not impose, a remedy.

Diane McLeod-McKay suggested, among other options, that the commissioner have authority to retain a labour adjudicator to decide whether a reprisal has occurred and, if necessary, to order a remedy — which could include firing the retaliator.

“The provisions seem to follow along with what those recommendations were,” Stick said.

Indeed, if a government department “does not agree with the commissioner’s finding of reprisal,” or with the recommendations for remedy to a reprisal victim, “then the matter can be taken to arbitration for a final, binding decision,” a government release states.

Deliberation over the issue began back in 2007, when the first of two select committees on whistleblower protection was formed.

“It’s been a long time coming,” Stick said.

She reiterated that the cumbersomely titled Public Interest Disclosure of Wrongdoing Act “covers the concerns.”

She added that a five-year-review should look closely at bringing municipal governments, non-profit organizations and private companies under the legislation in the future.

Employees in those sectors remain outside the umbrella of the proposed bill, and thus relatively unprotected.

Liberal Leader Sandy Silver also gave Bill 75 a reserved thumbs-up.

“There must be guaranteed protection against reprisal for employees who report those wrongdoings or the legislation is basically worthless,” he said in an interview today.

“This approach was not included in the decision paper produced by the government earlier this year, and they have now apparently changed their mind, and that is good news for the employees.”

The previously suggested laws — fiercely criticized by both opposition parties — represented a watered-down version of the ombudsman’s overall recommendation, he said.

They limited the powers of the commissioner to investigation and proposing remedies, leaving whistleblowers vulnerable to retaliation.

Silver added he still has questions around how the arbitration process would be handled. “We look forward to debating that in the assembly.”

The act, if given the go-ahead by lawmakers, would likely take effect in 2015, the government said.

The new commissioner would be a “role that may be fulfilled either by Yukon’s ombudsman or by another person appointed to the position,” the release stated.

Comments (3)

Up 3 Down 0

Proscience Greenie on Nov 5, 2014 at 10:19 am

Does YEU/PSAC have an internal whistleblower policy?

Up 7 Down 1

June Jackson on Nov 4, 2014 at 12:12 pm

How does this effect the Oath of confidentiality that each employee of YTG takes? and signs?

I don't see too much here about what happens to the 'wrong-doer'. Whistle blower can't be fired for reporting wrong doing, but nothing is said about the other party.. recommend a remedy? Whats that? Don't do it any more? I'd like to see something like "Entire house has to resign from office for........" or at the very least, "Minister of....... loses job and pension for............". Now THAT'S meaningful legislation.

Up 4 Down 1

Wilf Carter on Nov 4, 2014 at 10:34 am

Question - Why does the Yukon Government and the other two parties plan to do about the 100's of employees that already have had reprisals taken against them by senior management? This is why the Wrongdoing Act was brought in the first place because of all the wrongdoing by senior management. Why did the Yukon Government wait 12 years as one official stated to me before the Wrongdoing was made. So there was 12 years of wrongdoing by senior management of the Yukon against its employees. The NDP asked that question in the house and the Yukon Government did not answer it. What is the Yukon Government doing to make a wrong a right? When are they going to do that? Just let senior management get away with the reprisals and no investigation or discipline is done? Where is the policy to investigate past actions of senior management? If the parties don't support calling for an inquiry then have a investigative audit completed to show the truth. Does anyone think the Commissioner of the Public Service Commission is going to call for an audit of her actions? How do you file a complaint against a Commissioner. Do you think the DM of Justice is going to call for an investigative audit of one of his ADM's? Do you think the new DM of EcDev is going to have investigative audit of his ADM operation and directors in their actions in managing employees in EcDev? It will expose the truth of reprisals, abuse, harassment, bullying, intimation, lying in legal processes on and on. November 25, 2014 will expose the facts if permitted and not covered up and hidden by the Yukon Government's 9 lawyers involved in my case trying to stop me from exposing the truth about senior management. The media has some of the facts already.

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