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Introduction
This website tells the story of my whistleblowing at Transport
Canada, and the reprisal and cover-up which followed. I
wish I could say that my case is isolated, but my reading and
my experience as Secretary of Canadians for Accountability
tells me that it is not.
This page provides both an introduction and my conclusions
about my ordeal.
Contents
Event Summary
Status of Concerns Brought Forward
Comment on Transport Canada's Response to my
Report
Comment on Completeness of Documentation
Implications for Whistleblowers in the Federal
Government
My Fight
Event Summary
Bare-bones Summary
- In early 2005 I raised concerns about the
mismanagement of my unit, Marine Security
Regulatory Affairs.
- By August 2005, my work environment was poisoned
and reprisals were being implemented.
- As I persisted in my efforts to have
mismanagement addressed, I became aware of more
mismanagement, unethical behaviour and
wrongdoing.
- In December 2006, I submitted a report of
wrongdoing to several agencies in government,
including the Office of the Auditor General of
Canada.
- Transport Canada senior management immediately
launched a campaign of reprisal, including both
formal and informal measures.
- Subsequent investigations into my concerns touted
as comprehensive and independent were neither: only
six of 31 major issues I raised were investigated,
and those incompletely and with bias.
- I attempted to use grievance, harassment and even
legal procedures to obtain relief from the
reprisal, but with no success.
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Highlights and
Lowlights
August 2005: Director General of Marine
Security refuses to act on issues brought to his
attention.
December 2005: Transport Canada Integrity
Officer declines to act and encourages me to "rely
on [management's] best judgment".
June 2006: Director General of Marine Security
orders me to stop bringing forward issues.
December 2006: I make a report of wrongdoing
to the Auditor General and other officials.
- December 2006: Deputy Minister of Transport
assigns response to Aindividuals implicated in the
report.
December 2006: Harassment complaints are
solicited from my former supervisors.
May 2007: Director General of Marine Security
acts as own judge in a grievance hearing.
September 2007: I initiate legal action.
July 2008: Mediation fails.
July 2008: Grievance is denied.
July 2009: Preliminary report for harassment
investigation is finished. It omits interviewees
who supported me.
January 2010: Ontario Court of Appeal denies
me the right to sue Transport Canada managers.
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Visit the Events page for a full description of my
case, with supporting documentation.
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Status of Concerns Brought Forward
The issues I raised can be grouped into three categories:
regulatory, operational and ethics/management. Summarized,
Canadians should be concerned about:
- Marine transportation security is being mismanaged by
Transport Canada. Specifically,
- there are gaps in the regulations which allow vessel
and marine facility operators to skirt the rules and
which allow criminals and terrorists to smuggle weapons
and other illegal materials into Canada via the ports,
and
- there is a lack of will in the department to enforce
marine security rules. In several key instances,
inspectors who tried to do were disciplined or warned
not to do it again.
- Senior officials at Transport Canada have indulged in
corrupt practices. These include
- acceptance of lavish meals from industry and union
representatives,
- abuses of authority for personal benefit,
- nepotism, and
- abuse of public funds.
While the second may seem more of an organizational problem,
it should be remembered that organizations where misconduct has
become accepted practice are less efficient and much less
likely to serve the public interest.
Of 31 issues I brought forward, only six were investigated.
Eight (not necessarily the same ones) were later addressed.
This assessment is based on my reading of documentation
obtained through Access
to Information Act requests.
Visit the Issues page for a breakdown and analysis
of the issues.
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Comment on Transport Canada's Response to my Report
The response by Transport Canada executives was immediately
hostile. This is, perhaps, to be expected, as former Deputy
Minister Louis Ranger immediately
assigned it to Laureen Kinney,
former Director General of Marine Security, and Marc Grégoire, Assistant
Deputy Minister of Safety and Security. Both were implicated in
the report.
There were three main thrusts: formal reprisal, with the
intent of disciplining me, informal reprisal, with the intent
of isolating and discrediting me, and cover-up, which involved
self-conducted evaluations and investigations.
As you read the narrative and documents on the Events page,
you will notice that at no point is it considered that I might
be right: rather, the initial assumption is that I am not only
wrong, but completely wrong. In addition, I am characterized as
malicious, and it is alleged that I am trying to disguise a
personal issue as a whistleblowing issue (while still
maintaining that I am wrong). Further, I was informed by my
union representative that Mr. Grégoire had instructed
human resources personnel "to have no mercy" on me.
In one document, Ms.
Kinney makes clear the objectives of the management
response:
- Ensuring appropriate steps are taken in regards to the
allegations
- Protecting the reputation of the department and the
marine security program
- Taking all possible and appropriate steps to protect the
reputations of Transport Canada management from any
unwarranted or inappropriately handled complaints and/or
defamation of their character or work performance
Another document also
sets out attacking my credibility as an objective.
At no point has any individual at Transport Canada asked me
for what I would term neutral or friendly input or
clarification on any of issues. All questions centred on my
conduct and who might have helped me in my report. My only
opportunity for input has been through a Deloitte
and Touche investigation, which largely omitted operational
and regulatory issues.
Transport Canada's response to my report cost in excess of
$200,000. Its legal costs likely exceed that, and the
administrative costs of mobilizing so many resources probably
runs into the hundreds of thousands of dollars.
Nearly all of that could have been avoided by simply taking
the appropriate action when issues first arose.
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Marc Grégoire: Autocrat, Careerist and Destroyer of Lives
As Mr. Grégoire goes on to his new position as Commissioner of the Canadian Coast Guard, he leaves behind a legacy of bad policy, mismanagement and ruined lives.
- On the policy side, he is responsible for the deeply flawed implementation of Safety Management Systems in the aviation and rail sectors - an implementation which cost lives and is only now being revisited. He vigorously defended this policy against all internal and external advice and criticism.
- His mismanagement of the Safety and Security Group caused a constant churn of personnel and plummeting morale. This was compounded by the fact that he was the "Values and Ethics" champion, a trust he so abused that it made a mockery of the concepts.
- He is responsible for reprisals against myself, Hugh Danford (an aviation inspector) and a number of other personnel who tried to speak out about mismanagement, corruption and abuse.
Mr. Grégoire now goes to head an agency operating in an environment he knows nothing about. His appointment will probably have deeply negative affects on that agency. I can only wish the personnel there the best of luck.
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Comment on Completeness of Documentation
As you read, keep in mind that the documents I present were
mainly obtained through Access to Information Act requests. It
appears that management has been doing everything in its power
to frustrate these requests, which have, when they included
useful content, substantiated my concerns. One example is the
use of government-issued taxi chits for personal purposes.
Tactics use to frustrated my requests include delays of over
a year (which were then extended), the loss of requests, the
failure to forward my requests to the appropriate people in the
organization, protests that requests were too broad and, of
course, the broad and illegitimate use of exemptions under the
Access to Information Act. I also believe that numerous
documents have been destroyed or simply not disclosed. One
individual indicated that he was instructed not to reply to a
particular request.
Assuming that the department and (and the Treasury
Board of Canada) has only released information deemed
"safe", one can assume that far more incriminating information
awaits discovery.
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Implications for Whistleblowers in the Federal
Government
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The
whistleblowers... need not speak out in the name of
the public within the organization in order to get into
trouble. He or she need only speak out as though he or
she were a member of the public, as if he or she
remembered his or her membership in the world. An
imagination for consequences, a sense of historical
moment, identification with the victim, a reluctance to
double, as sense of shame: each is a dagger pointed at
the heart of the organization... The purpose of
sacrificing the whistleblower is to prevent the
outbreak of an epidemic of ethical and moral
responsibility that would threaten to engulf the
organization, destroying its ability (or so its members
fear) to maintain its boundless autonomy in a hostile
world. Sacrifice always aims at halting an epidemic, in
this case of individuality, as though it could be
spread by example... To deter this way of thinking,
the whistleblower must be moved to the margins: not
just of the organization but of society... the task
is complete when a fifty-five-year-old engineer
delivers pizza to pay the rent on a two-room walkup.
C. Fred Alford
Broken Lives and Organizational Power
(2001)
p. 130-131
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My inability to find a way to stop the reprisal through
internal administrative and external legal means sets the stage
for more reprisals against whistleblowers in the federal
government.
Indeed, federal government whistleblowers are in more danger
than they were five years ago. Consider:
- The Public
Service Integrity Commissioner has investigated no
reports of wrongdoing (despite the fact that she has, to
the knowledge of Canadians
for Accountability, received several complaints we
consider valid). The legislation which created her office
seems at best window-dressing, and at worst a Trojan
horse.
- Past legal precedent established that whistleblowers
often cannot use internal redress mechanisms because those
mechanisms are controlled by senior management - which may
be implicated in the wrongdoing.
- The Ontario Court of Appeal decision in my case discarded
past legal precedent because of a new law which prohibits
federal public servants from suing their employers for any
reason at all.
Canadians will not be well served by this state of affairs.
As we have seen in the case of Richard
Colvin and Luc
Pomerleau (who spoke out against reductions in food
inspections prior to the 2008 listeriosis outbreak
which killed 22 people), whistleblowers serve an important
role.
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My Fight
I speculate whether the strength of the response to my whistleblowing was because
I had violated rigid hierarchical organization norms. One
individual stated that he had never heard of such a thing
happening before - meaning the submission of a set of concerns
in a report format - and was clearly appalled. The sentiment
was shared by others.
The implicit message appears to be that subordinates do not
have the right to question the actions, decisions, judgement or
behaviours of their managers. In effect, Transport Canada
management appears to believe that subordinates must accept
routine mismanagement and unethical behaviour.
If any individual chooses to advance a more serious concern,
they must do so through a mechanism which informs management of
a complaint but requires no action. And if an individual is
remains persistent, then he or she becomes the problem.
None of this is accidental, nor is it original. It is why
most whistleblowers live lives of quiet desperation. They are
abandoned by people they thought friends and colleagues,
harassed at work and pushed from their jobs. Frequently, even
home is no refuge. Spouses who cannot understand may be angry,
and the stresses of the reprisals can tear apart marriages and
destroy the health of the whistleblower.
Outsiders, unaware of the context or the damage that can be
done, frequently see them as Quixotic at best, and "a
little bit nuts" at worst.
They are not, and if they appear so, it is only because they are determined and are perhaps less cynical than most. That, and much fighting wears them down. Who wouldn't be a little bit obsessed after fighting asymmetrical warfare for years?
As for me, my fight is over. I cannot continue this anymore. I also cannot advise anyone to blow the whistle in Canadian government - at any level. It is simply too unsafe. While the Public Service Integrity Office refuses to investigate any complaints, and individuals such as Mr. Grégoire are free to abuse employees and the public trust without any accountability for their actions, it would be very, very foolish for anyone to try.
Rather, concerned individuals must approach outside agencies such as Canadians for Accountability with their information. Visit their website for more information on how to do so.
I do not intend to stop advocating for whistleblowers and drawing attention to the abuses I and others have suffered, however, and hope that others will join the fight for real protections for whistleblowers. Silence only gives the corrupt and incompetent a licence to continue.
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Site created: May 25, 2010 | Last update: June 8, 2010
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