Case Reports
Under subsection 38(3.3) of the Public Servants Disclosure Protection Act (the Act), the Commissioner must report to Parliament founded cases of wrongdoing within 60 days after the conclusion of the investigation. The purpose of investigations into disclosures is, according to the Act, to bring the existence of wrongdoing to the attention of the organization's Chief Executive and to make recommendations for corrective action.
Section 8 of the Act defines wrongdoing as:
- a contravention of any Act of Parliament or of the legislature of a province, or of any regulations made under any such Act, other than a contravention of section 19 of this Act;
- a misuse of public funds or a public asset;
- a gross mismanagement in the public sector;
- an act or omission that creates a substantial and specific danger to the life, health or safety of persons, or to the environment, other than a danger that is inherent in the performance of the duties or functions of a public servant;
- a serious breach of a code of conduct established under section 5 or 6;
- knowingly directing or counselling a person to commit a wrongdoing set out in any of paragraphs (a) to (e).
The following are the Case Reports tabled to date before Parliament:
May 2024 - Parole Board of Canada
Finding
A Board Member at the Parole Board of Canada (PBC) mistreated employees and behaved inappropriately, and PBC management committed gross mismanagement and created a substantial and specific danger to the health and safety of PBC employees when they failed to adequately respond to the Board Member’s misconduct and effectively document incidents of harassment.
March 2024 - Correctional Service Canada
Finding
Correctional Service Canada committed wrongdoing pursuant to the Public Servants Disclosure Protection Act. Specifically, Correctional Service Canada committed gross mismanagement when they failed to take timely and adequate action to locate and repair a leak at the Matsqui Complex, allowing chemically treated water to leach into surrounding soil for nearly four years.
September 2023 - Department of National Defence
Finding
The Department of National Defence (DND) committed wrongdoing pursuant to the Public Servants Disclosure Protection Act when DND contravened the Act by failing to provide prompt public access to information about founded cases of wrongdoing at DND. Furthermore, DND committed wrongdoing pursuant to the Act—gross mismanagement—by failing to provide prompt public access to information about a founded case of wrongdoing in the Canadian Armed Forces, and failing to advise disclosers of the outcome of investigations into wrongdoing at DND and in the Forces.
October 2022 - Global Affairs Canada
Finding
An executive at Global Affairs Canada (GAC) committed a serious breach of a code of conduct when she continued to make inappropriate comments to employees and mistreated employees in full knowledge that GAC had previously found her behaviour to be a breach of the Values and Ethics Code for the Department of Foreign Affairs, Trade and Development—specifically, the “Respect for People” value.
Furthermore, GAC committed gross mismanagement by not adequately addressing the executive’s inappropriate behaviour in accordance with recommendations stemming from a 2017 GAC internal investigation into her conduct, and GAC did not ensure that the executive’s behaviour had improved before promoting her, giving employees the impression that they condoned her behaviour.
March 2020 - Correctional Service Canada
Finding
Correctional Service Canada committed gross mismanagement, by failing to take adequate measures to address several serious incidents of inappropriate behaviour by a group of Correctional Officers at the Regional Mental Health Centre (RMHC) at the Archambault Institution in Quebec, including committing acts of insubordination, failing to ensure the security of employees of the RMHC, and harassing employees.
Correctional Service Canada also created a substantial and specific danger to the life, health or safety of an employee of the RMHC, when it failed to take adequate measures to prevent a group of Correctional Officers from deliberately putting at risk the life or health of an employee who has a life-threatening allergy.
March 2018 - Correctional Service Canada
Finding
Director Brigitte de Blois committed gross mismanagement and a serious breach of the Correctional Service Canada (CSC) Code of Discipline and of the Values and Ethics Code for the Public Sector by screaming at employees, making insulting and derogatory comments towards them, and displaying aggressive behaviour on a regular basis in the workplace. Assistant Commissioner Larry Motiuk committed gross mismanagement and a serious breach of the CSC Code of Discipline and of the Values and Ethics Code for the Public Sector by failing to take appropriate measures to address the internal allegations of abusive behaviour made against the Director.
CSC has responded that: appropriate disciplinary measures have been taken with regard to the Director and Assistant Commissioner; that workplace wellness sessions and other related activities were conducted in the affected divisions and the department at a large; and that the interim CSC Commissioner will assess the need for further workplace wellness activities for the affected divisions to ensure a healthy workplace.
September 2017 - Canadian Food Inspection Agency
Finding
A senior executive committed gross mismanagement and a serious breach of the Values and Ethics Code for the Public Sector as well as the CFIA Code of Conduct, by making, on an ongoing basis, inappropriate comments to employees, soliciting personal information from employees about other employees, mistreating and harassing staff, abusing her authority, and failing to show reasonable due diligence in regard to an employee’s termination of employment.
The CFIA has responded that appropriate action is being taken with regard to the senior executive, workplace wellness and promoting an environment where all employees are respected.
June 2017 - Fisheries and Oceans Canada
Finding
The former Director of the Conservation and Protection branch in the Maritimes Region as well as its regional and national management failed to take necessary and appropriate action to respond to a clear and demonstrated health and safety issue.
DFO has committed to taking appropriate action including measures to protect the hearing of its employees who may be exposed to high noise levels, possible discipline and administrative measures to ensure that the wrongdoing is not repeated.
February 2017 - Canadian Food Inspection Agency
Finding
Dr. Bruce Archibald in his capacity as President of the Agency, and Mr. Gérard Étienne in his capacity as Vice-President of Human Resources, committed gross mismanagement when they failed to take appropriate and required action to deal fairly and thoroughly with three serious harassment complaints, filed against a senior executive who reported directly to Dr. Archibald.
CFIA has taken steps to verify that the three harassment complaints will be fully and fairly considered, and will be retaining the services of an experienced independent third party for this purpose. Moreover, it will examine whether it should be standard practice for CFIA to refer all harassment complaints made against senior executives to an independent third party. The Agency also had an independent third party review its harassment procedures and processes. Furthermore, the Agency developed training on harassment prevention and awareness and made it mandatory for all employees, and has also partnered with PSAC to provide enhanced respectful workplace training to employees.
February 2017 - Public Health Agency of Canada
Finding
An Executive, who at the time of the disclosure was an Acting Director General, committed a serious breach of the Agency’s Code of Conduct and committed gross mismanagement by engaging in the verbal abuse of staff, other employees of the Agency and of other government organizations, and also by displaying physical anger towards staff, including outbursts of violent rage.
The Executive left PHAC in 2014 to work for another government department. PHAC identified measures that were taken by Senior Management to foster a respectful and healthy workplace, free of harassment. The Executive’s current workplace environment is being proactively monitored to ensure no recurrence of any wrongdoing, and his current employer determined that disciplinary and corrective measures were appropriate.
February 2016 - Correctional Service Canada
Finding
Okimaw Ohci Healing Lodge, a penal institution under the authority of Correctional Service Canada, committed gross mismanagement by repeatedly allowing employees to bring children to the institution creating a substantial and specific danger to their safety. The children were exposed to some inmates who had been sentenced for crimes involving children, and others who had specific conditions imposed on them not to be near children.
Correctional Service Canada took immediate action to stop the practice and put in place measures to address the situation.
November 2014 - Royal Canadian Mounted Police
Finding
Some pilots of Ottawa Air Section contravened regulations by flying aircraft overweight and not properly completing logbooks regarding weight.
Corrective action plans put in place; health and safety not at risk.
May 2014 - Enterprise Cape Breton Corporation
Finding
Former CEO committed a serious breach of his organization’s code of conduct by appointing four individuals who had publicly demonstrated ties to the Conservative Party of Canada or the Progressive Conservative Party of Nova Scotia, without justification and nothing to demonstrate the appointments were merit-based. This gave the appearance of partisan appointments.
Individual’s employment terminated.
January 2014 - Parole Board of Canada
Finding
Former Regional Vice-Chairperson contravened legislation by placing himself in a conflict of interest situation regarding a decision on a file. He also breached the organization’s code of conduct by demonstrating inappropriate behaviour towards female employees in the workplace, criticizing Parole Board members to outside parties and disclosing information to individuals who were not authorized to receive it.
Individual was demoted during the course of the investigation; Minister responsible ordered an inquiry; organization ensured additional training was provided to all board members.
November 2013 - Canada School of Public Service
Finding
Former President of the Canada School of Public of Canada committed wrongdoing by breaching confidentiality provisions during an investigation under the Public Servants Disclosure Protection Act.
Following recommendations made, organization took steps to establish proper procedures to protect confidentiality regarding disclosures of wrongdoing.
June 2013 - Blue Water Bridge Canada
Finding
Former CEO of Blue Water Bridge Canada committed serious breach of the code of conduct and misused public funds by awarding two excessive severance payouts to two managers of the organization who were married at the time.
CEO left the organization; organization implemented appropriate guidelines to address issue.
April 2013 - Canadian Human Rights Tribunal
Finding
Former Chairperson of the CHRT committed gross mismanagement by harassing and abusing her staff and appointed members of the CHRT, disregarding advice and creating a dysfunctional workplace, which jeopardized the ability of the CHRT to fulfill its mandate.
Chairperson left the organization during the course of the investigation; recommendations made to organization to ensure workplace health issues were addressed.
March 2013 - Canada Border Services Agency
Finding
A Border Services Officer breached a code of conduct and failed to fulfill his enforcement responsibilities by maintaining a social relationship with known organized crime figures. The officer failed to take enforcement action on these individuals as his duties required. The officer also attempted to evade the law during a police operation.
The Border Services Officer was dismissed.
February 2013 - Canadian International Development Agency
Finding
A Director General breached the code of conduct by engaging in private business activities and not disclosing them to the appropriate supervisor. Government property and assets were misused and the DG’s administrative staff were instructed to complete tasks related to these private business activities.
DG left organization; recommendations made to the Department to ensure similar wrongdoing does not reoccur.
October 2012 - Laurentian Pilotage Authority
Finding
Wrongdoing was committed by two senior officials who breached the Pilotage Act and Laurentian Pilotage Authority Regulations, by issuing two apprentice pilot permits to individuals who did not meet all criteria.
Breach occurred following unsuccessful recruitment efforts; Commissioner recommended measures be put in place to meet objectives set out in legislation.
March 2012 - Human Resources and Skills Development Canada
Finding
Manager responsible for four regional offices committed wrongdoing, including contraventions of the Financial Administration Act, misuse of public funds and public assets, and gross mismanagement. Deficiencies were also found on the part of the Department regarding the lack of oversight mechanisms to ensure that department and Treasury Board policies and procedures were respected.
Manager left the organization, assets were recovered; Department implemented measures to ensure better oversight.