President of the Treasury Board Announces Working Group to Review Internal Disclosure Protection in the Public Service of Canada

[ Backgrounder ]

September 29, 2003

OTTAWA - The Honourable Lucienne Robillard, President of the Treasury Board of Canada and Member of Parliament for Westmount - Ville-Marie, is pleased to announce the details of a working group to review the state of internal disclosure protection in the Public Service of Canada.

"The Government of Canada is committed to a public service where employees can honestly and openly discuss concerns without fear of reprisal," said Minister Robillard. "Our current Policy on the Internal Disclosure of Information Concerning Wrongdoing in the Workplace has been in use for almost two years, and although many employees have made disclosures, we know that more public servants need to better understand the Policy. They also require more reassurance on protection from reprisal. The Public Service Integrity Officer noted similar concerns in his recent Annual Report to Parliament."

Minister Robillard has appointed a five-member group consisting of Dr. Kenneth Kernaghan, Professor of Public Administration at Brock University (Chair), Dr. Edward Keyserlingk, Public Service Integrity Officer (Member), Mr. Denis Desautels, Director of the University of Ottawa's Centre on Governance and former Auditor General of Canada (Member), Mme. Hélène Beauchemin, former Assistant Deputy Minister, Government of Canada (Member), and Mr. Merdon Hosking, President of the Association of Public Service Financial Administrators (Member). The working group will examine the issue of disclosure in the Public Service of Canada and propose options for change.

Minister Robillard noted that "a considerable amount of information already exists, including work that has been done by parliamentarians and the Public Service Integrity Officer himself. While it is evident that it is time to deal with legitimate concerns raised about weaknesses in our current approach, we need to ensure that any new framework would both encourage and support disclosures of wrongdoing while at the same time allowing managers to promote early measures to prevent wrongdoing from happening."

The Minister emphasized that the new Values and Ethics Code for the Public Service sets the right tone and provides an important foundation for the future. "It is important that expectations for the standards of behaviour in the public service are clear in a way that supports employees at all levels."

The working group is being given a wide mandate to look at international approaches and outline options for change, including legislative approaches, that fit the Government of Canada's operating requirements and reflect Canadian values and ethics. The working group is to report to the President of the Treasury Board by the end of January 2004. The President will present this report to parliamentarians for their recommendations.

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For more information, contact:

Daniel Grenier
Press Secretary
Office of the President of the Treasury Board of Canada
(613) 957-2666

Mario Baril
Media Relations
Treasury Board of Canada Secretariat
(613) 957-2391

TTY (Telecommunications device for the hearing impaired) - (613) 957-9090

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Backgrounder

Working Group on Disclosure of Wrongdoing

Terms of Reference

The goal is to make recommendations for a credible and effective regime that will encourage and support the respect of public service values and ethics. The regime should provide employees with the means to report wrongdoing while affording appropriate protection against reprisals. This should be done in a way that those "accused" are treated fairly and that the workplace does not become characterized by inappropriate litigation and mistrust.

The Working Group will:

• Examine the experience with whistle-blower legislation elsewhere, and distil the lessons for the Government of Canada.
• Examine experiences with the Policy on the Internal Disclosure of Wrongdoing, and distil the lessons for the Government of Canada.
• Determine whether changes to the existing policy approach could work and be credible.
• Examine the Values and Ethics Code for the Public Service and consider the degree to which it or similar approaches represent a positive means for supporting ethical government and for the disclosure of "wrongdoing".
• Propose possible alternative legislative approaches, including:

• Examine corollary issues such as how best to foster operational environments that allow for more open communication and early identification of potential actions and behaviour inconsistent with public service values, including wrongdoing, as well as incentives, awards and recognition for disclosers could also be examined.
• Report to TB President by end January 2004

The working group would set its own agenda of study and consultations within that timeframe. The working group will be supported by a small full-time secretariat who would be responsible for - under the direction of the chair and working group -- coordinating meetings and consultations, gathering and distilling research for the working group and drafting the report for the approval of the working group.

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Biographies of Working Group

Dr. Kenneth Kernaghan - Professor of Political Science and Management at Brock University (Chair)

In addition to teaching at Brock University, Dr. Kernaghan is the author or editor of 18 books or monographs and over 60 articles on public administration and public policy including public service values and ethics. Dr. Kernaghan earned an M.A. and PhD in Political Science from Duke University. In 2003 he received the Pierre De Celles/IPAC award for Excellence in the Teaching of Public Administration. He is also the recipient of the Vanier Gold Medal for excellence in public administration and has served as an adviser to governments in Canada and elsewhere. Dr. Kernaghan has served as president of the Institute of Public Administration of Canada and is a fellow of the Royal Society of Canada.

Mme. Hélène Beauchemin - President of HKBP Inc. (Member)

Mme. Beauchemin is the President of HKBP Inc., a management consulting firm that focuses on professional and personal development. Mme. Beauchemin has extensive experience in the private and public sectors, and held several senior positions during a 16-year career with the Public Service of Canada. These included the post of Assistant Deputy Minister and Chief Financial Officer at Environment Canada. Mme. Beauchemin has also served as the President of the Association of Professional Executives of Canada (APEX) and was the management co-chair of the Joint Career Transition Committee (JCTC), a joint federal labour-management initiative, which received the prestigious Head of the Public Service Award in 2002.

Mr. Denis Desautels - Director of the Centre on Governance at the University of Ottawa and former Auditor General of Canada (Member)

Mr. Desautels became Executive Director of the Centre on Governance at the University of Ottawa in 2001 following a distinguished term as Auditor General of Canada from 1991 to 2001. At the time of his appointment he was a senior partner in the Montréal office of Ernst & Young (formerly Clarkson Gordon). He has been awarded the designation of "Fellow" by the Order of Chartered Accountants of Quebec and the Institute of Chartered Accountants of Ontario. Mr. Desautels sits on a number of corporate boards. He is also an Officer of the Order of Canada.

Mr. Merdon Hosking - President of the Association of Public Service Financial Administrators (Member)

Mr. Hosking has spent 28 years in various financial management functions with the Public Service of Canada. He is currently on loan to the Association of Public Service Financial Administrators from his position as Financial Advisor with Indian and Northern Affairs Canada. He has been President of the Association since it was founded. Mr. Hosking also sits on the boards of a number of labour sponsored venture capital corporations in Ontario and Manitoba.

Dr. Edward Keyserlingk - Public Service Integrity Officer, Government of Canada (Member)

Dr. Keyserlingk holds graduate degrees in ethics from the Université de Montréal, McGill University and a graduate degree in law from the Faculty of Law, McGill University. Prior to a distinguished academic career, he was director of the health and environmental law department of the Law Reform Commission of Canada. Dr. Keyserlingk is the author of some 100 articles and three books. His ethical and legal analyses have been cited in the courts, including several judgements of the Supreme Court of Canada. Following his retirement from McGill University, Dr. Keyserlingk accepted a position as the Government of Canada's first Public Service Integrity Officer in 2001.