Case Reports

Hello, I’m Joe Friday, Public Sector Integrity Commissioner of Canada. Today, I tabled a case report related to founded cases of wrongdoing at the Department of National Defence.

This report, which is my final as Public Sector Integrity Commissioner, touches on an important topic for all public servants—the administration of the Public Servants Disclosure Protection Act. The subject of my report relates to internal disclosures and investigations at DND, and my Office’s investigation uncovered a pattern of repeated delays related to the publication of findings of wrongdoing at DND and in the Canadian Armed Forces.

Following a disclosure from a whistleblower, my Office launched an investigation into an allegation that senior managers at DND did not provide prompt public access to information related to findings of wrongdoing in the Forces. A subsequent disclosure alleged that senior managers had not provided whistleblowers with results related to findings of wrongdoing at DND and in the Forces. The Act expressly requires that, following a finding of wrongdoing within an organization, the Deputy Head provide prompt public access to information about the wrongdoing. This transparency requirement is a legal obligation.

My Office’s investigation examined evidence related to the public reporting of wrongdoing between 2015, the year that DND’s website was last updated at the time, and 2020, the year in which our investigation was launched. During this time, there were three findings of wrongdoing at DND and in the Forces. However, no information about these findings was made public until 2021 or 2022, and only then, after the launch of my Office’s investigation.

The evidence demonstrated a pattern in the internal disclosure process at DND and in the Forces. Founded cases of wrongdoing were not being published, and in some cases, whistleblowers were not being informed of the outcome of internal investigations in a timely manner. Witnesses noted they had many concerns with how cases were being handled.

In one case, files had been provided to management for final decision, “never to be seen again”. One witness called the process following an internal investigation “chaos”. Other witnesses stated that “[the process] made no sense”, and that management delayed release of a case without reason.

The results of our investigation are troubling. Public servants must be able to have confidence in their senior leadership. Making a disclosure of wrongdoing is an extremely difficult and courageous act, and those who make a disclosure have a right to be kept informed and to expect that founded cases will be shared with the public. This is fundamental to the very nature and purpose of the whistleblowing regime. In this case, whistleblowers were left in the dark and had no choice but to raise the alarm again, this time about the very individuals who were meant to shine light on wrongdoing.

I have spoken about the need for a culture change in the federal public sector. The results of the most recent Public Service Employee Survey clearly underscore the need for senior leaders to create environments where whistleblowers feel safe and supported.

Further, research carried out by my Office demonstrates that public servants believe that there is no point in blowing the whistle, because there will be no consequences for wrongdoers and things will never change. The combination of fear and cynicism is a powerful disincentive and undermines the goal of the Act, as well as confidence in the federal public sector. By delaying release of these investigation findings, DND contributed to that cynicism and let down their employees, as well as eroding their trust in the very system designed to protect them and to bring wrongdoing to light.

The evidence uncovered and examined during my Office’s investigation makes it clear that there was a breakdown in the management of the internal disclosure process at DND and in the Forces, suggesting a systemic problem and a lack of accountability. As such, I find that the Department of National Defence committed wrongdoing and that their inaction amounts to a contravention of the law, as well as gross mismanagement.

Hello. I’m Joe Friday, the Public Sector Integrity Commissioner of Canada.

I would like to inform you of the Case Report of founded wrongdoing related to Global Affairs Canada that I have tabled in Parliament.

Upon receiving a disclosure from a whistleblower, my Office investigated the behaviour of an executive at Global Affairs that occurred between 2017 and 2020, as well as Global Affairs’ response to the executive’s behaviour. Following the investigation, I concluded that the executive breached a code of conduct and that Global Affairs committed gross mismanagement.

Investigators with my Office interviewed 24 witnesses, in addition to examining numerous documents. The evidence establishes that over a period of several years, the executive made inappropriate comments and mistreated employees. It also demonstrates that Global Affairs did not take adequate measures to provide the executive with the tools necessary to correct her behaviour, nor did they ensure employees were shielded from continued mistreatment. In addition, Global Affairs failed to ensure an environment in which employees felt comfortable bringing forward concerns.

In 2016, following complaints from employees, Global Affairs undertook their own internal investigation into the behaviour of the executive. In 2017, Global Affairs determined that the executive had breached the departmental Values and Ethics Code—specifically, the “Respect for People” value. The executive was to be put on an action plan, and was to be considered for a promotion once her behaviour improved.

However, the executive continued to make disparaging comments about employees in front of others, and, on a number of occasions, mocked the work of employees. This included making reference to an employee’s weight, humiliating co-op students in front of others, misrepresenting the views of a fellow executive related to an employee’s performance, and comparing a training session to a “concentration camp.”

In June 2018, just over a year after the executive was found to have breached Global Affairs’ Values and Ethics Code, she was promoted. The promotion occurred despite the fact that no action plan had been put in place, and that the mistreatment of employees and inappropriate comments continued. In promoting the executive, Global Affairs appeared to be condoning the unacceptable behaviour, eroding employees’ trust in the processes for bringing forward their concerns.

It is an accepted principle that managers are held to a higher standard of conduct, and must serve as an example to employees. It is reasonable that, on occasion, managers make errors in judgment. However, in the case of this executive, the evidence shows a sustained pattern over several years of inappropriate behaviour and comments.

Every public servant has a right to a healthy and safe work environment, and the executive’s behaviour breached that right. In addition, the inaction of Global Affairs made the situation worse. Employees must be confident in the systems in place for coming forward when something is wrong, and the erosion of this confidence takes significant time and effort to repair. When confidence in reporting mechanisms is shaken, it is a disservice to public servants and all Canadians.

Hello. I’m Joe Friday, the Public Sector Integrity Commissioner of Canada.

I would like to inform you of founded cases of wrongdoing that I have presented to Parliament related to the Correctional Service of Canada.

Following information received from a whistleblower, my Office investigated several incidents that occurred at the Regional Mental Health Centre at the Archambault Institution, in Quebec, from 2017 to 2018. Following the investigation, I concluded that the CSC committed gross mismanagement and created a substantial and specific danger to the life, health and safety of an employee.

Investigators interviewed 28 witnesses, in addition to examining numerous documents and viewing video footage. The evidence demonstrates that over a period of a year, a group of Correctional Officers working in the Regional Mental Health Centre repeatedly committed acts of insubordination and harassment, and failed to ensure the security of employees. In response, the CSC took little or no action, and serious incidents continued to occur, putting at risk the safety of employees as well as hindering the ability of the Centre to fulfill its mandate.

Insubordination occurred on a number of occasions, and included abandonment of a post by a Correctional Officer, which resulted in several employees being locked in with inmates with no means to exit; tampering with an official memo regarding use of force; and preventing employees from administering medications to inmates.

The continued harassment of several employees included posting of racist material, which remained on display for months; denigration of the work of employees of the Regional Mental Health Centre; and the targeting of an employee with the goal of pushing her out of her job.

Over a period of several months, an employee with a life-threatening seafood allergy was subjected to harassment, and her safety was put in danger when some Correctional Officers refused to comply with rules that banned allergens from her workplace. Not only did these Correctional Officers ignore the ban, they actively sought opportunities to bring seafood onto the premises, including organizing a sushi night during which someone provided her with a gas mask, saying “put that on or you die tonight.”

These were not isolated incidents; instead, systemic problems were created by a work environment in which a group of Correctional Officers were emboldened to be insubordinate with little or no consequence. The CSC failed to ensure that these Correctional Officers fulfilled their duties and as a result, put the safety of employees at risk.

Ultimately, the incidents outlined in my report led two employees of the Regional Mental Health Centre to go on sick leave, one of whom eventually resigned. In addition, there was a breakdown in trust between employees of the Regional Mental Health Centre and Correctional Officers, putting at risk the ability of the organization to carry out its mandate.

In an inherently dangerous environment such as a penitentiary, the employer must be even more vigilant in ensuring that employees are safe. My hope is that this report can serve as a reminder that all employees have a right to a healthy and safe workplace, and that responses to unacceptable behaviour must be timely and effective.

Hello. I am Joe Friday, the Public Sector Integrity Commissioner.

I would like to inform you of founded cases of wrongdoing that I have presented to Parliament. These cases relate to Correctional Service Canada.

As a result of a whistleblower coming forward and after my Office’s investigation into the matter, I concluded that both Ms. Brigitte de Blois, a Director, and Assistant Commissioner Larry Motiuk committed gross mismanagement and a serious breach of the Correctional Service Canada Code of Discipline and of the Values and Ethics Code for the Public Sector.

It is important to note that we do not investigate individual harassment complaints, but rather instances of behaviour that are systemic or that can have a detrimental effect on employees and the workplace generally. A key feature of the federal whistleblowing regime is its focus on accountability, particularly that of senior executives. As a result, when we receive disclosures like this one, we look to management’s actions in addressing and resolving problems that are within their authority and responsibility.

The Director and the Assistant Commissioner, as well as 27 other witnesses were interviewed.

The evidence clearly shows that the Director engaged in repetitive abusive behaviour characterized by frequent screaming, insults and making denigrating comments, and that she was aggressive towards her employees. As a result, over a long period of time, the Director’s inappropriate conduct had negative consequences on those reporting to her.

The witnesses’ testimonies demonstrate that they were working in an environment of fear that adversely affected their well-being. The Director neither treated them with respect nor helped to create and maintain a safe and healthy workplace as required under the Correctional Service Canada Code of Discipline and the Values and Ethics Code for the Public Sector.

The findings of wrongdoing against the Assistant Commissioner specifically relate to when further incidents of abusive behaviour by the Director were reported to him. Of critical significance is that the Assistant Commissioner did not inform a manager of Ms. de Blois of her past conduct, thereby minimizing the importance of her alleged misbehaviour. This information would have been essential to allow the manager to properly determine how best to address the issues.

In the workplace, complaints of repeated and ongoing harassment must be taken seriously, especially when made against a senior executive occupying a position of significant authority over employees. It is not in keeping with management’s responsibilities and certainly does not demonstrate transparency, engagement, collaboration and respectful communication.

A different set of rules should not apply to senior executives than to the rest of employees. Management must take immediate action to address instances of systemic or repeated harassment and must continue to monitor the issue to ensure that the behaviour has stopped.

It is my hope that these findings of wrongdoing will send a strong message that abusive behaviour is neither acceptable nor tolerated. Given the current government’s priority on mental health in the workplace, this report can serve to highlight the importance of ensuring a professional environment. All employees, regardless of their level and function in any organization, must be treated with respect.