(Ottawa) The Department of National Defense violated the Act respecting the protection of public servants who disclose by failing to be transparent about the results of investigations into wrongdoing, the federal integrity watchdog said in a report released Tuesday.
Joe Friday, the Public Sector Integrity Commissioner, shared what he called “troubling” findings that the Department of Defense and the Canadian Armed Forces tend to keep Canadians in the dark about internal investigations into wrongdoing.
Mr. Friday’s report said that when his office launched an investigation in 2020, it had been five years since the department had updated its webpage on public disclosures of wrongdoing. Whistleblower reports led to three findings of wrongdoing over time, but information on these cases was not made public until 2021 and 2022.
“Evidence demonstrates a trend in the internal disclosure process at [ministère de la Défense] and in the Forces,” said Mr. Friday in a press release.
Cases of substantiated wrongdoing were not publicized, and in some cases, whistleblowers were not informed in a timely manner about the results of internal investigations. Witnesses indicated they were very concerned about the way the cases were being handled.
Joe Friday, the Public Sector Integrity Commissioner, in a press release
In one case, a Department of Defense employee made an allegation of wrongdoing in 2016 and, despite two attempts to follow up, did not learn the results of the investigation until 2022.
In another case, the investigation was completed in 2018, but the results were not made public for more than 43 months. Mr. Friday’s final report casts doubt on whether a release of the results would have occurred if his office had not begun investigating.
This complaint involved an allegation that sentences imposed by courts martial were not carried out in a timely manner, if at all.
“I believe that such delay has a significant negative impact on government transparency, oversight and accountability,” Mr. Friday wrote in the report.
Witnesses told the Office of the Integrity Commissioner that files had already been handed over to management for a final decision and were never reviewed, or that the release of the files was delayed without reason.
Mr. Friday argued that disclosing wrongdoing is extremely difficult and courageous, and that whistleblowers have the right to be kept informed. He called this transparency fundamental to the nature of the whistleblowing regime.
Recommendations for correcting the situation
The report concluded that the delays in these cases were not the result of “trivial wrongdoing or minor negligence” but rather a “serious error that cannot be debated among reasonable people.”
The report does not detail the whistleblowers’ allegations or the results of these internal investigations.
Mr Friday recommends training for all senior managers in the Department of Defense to ensure they are aware of the Public Servants Disclosure Protection Actwhich governs the protection of whistleblowers in the public service.
The Canadian Armed Forces are excluded from this legislation, although they must have their own whistleblower protection mechanisms and similar rules regarding the release of information about the findings of investigations.
It also recommends that the department conduct regular audits of the internal disclosure program and evaluate it annually, over the next three years, to ensure that the deputy minister is satisfied that it is being managed effectively.
The Ministry of Defense is committed to implementing all of its recommendations.
“The Department of Defense will use the Commissioner’s findings and recommendations to guide ongoing efforts and contribute to broader work on professional conduct, as well as improving the culture of the defense team” , said Bill Matthews, Deputy Minister of Defence, in a written response to the Integrity Commissioner.
A spokesperson for Defense Minister Bill Blair did not respond to a request for comment Tuesday.
In a written statement, a ministry spokesperson added that it was working to improve its timelines for closing investigations.
In a previous survey of public servants, the Office of the Integrity Commissioner learned that only 49% of federal employees believe they can file a whistleblower complaint without fear of reprisal.
His office’s research “shows that public officials believe there is no point in blowing the whistle because there will be no consequences for wrongdoers and things will never change,” Mr. Friday wrote.
“The combination of fear and cynicism is a powerful deterrent for whistleblowers. »