[ Backgrounder ]September 29, 2003 OTTAWA - The Honourable Lucienne Robillard, President of the Treasury Board of Canada and Member ofParliament for Westmount - Ville-Marie, is pleased to announce the details of a working group to review the state ofinternal 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 concernswithout fear of reprisal," said Minister Robillard. "Our current Policy on the Internal Disclosure of InformationConcerning Wrongdoing in the Workplace has been in use for almost two years, and although many employees have madedisclosures, we know that more public servants need to better understand the Policy. They also require more reassuranceon protection from reprisal. The Public Service Integrity Officer noted similar concerns in his recent Annual Report toParliament."Minister Robillard has appointed a five-member group consisting of Dr. Kenneth Kernaghan, Professor of PublicAdministration 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. MerdonHosking, President of the Association of Public Service Financial Administrators (Member). The working group willexamine 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 beendone by parliamentarians and the Public Service Integrity Officer himself. While it is evident that it is time to dealwith legitimate concerns raised about weaknesses in our current approach, we need to ensure that any new frameworkwould both encourage and support disclosures of wrongdoing while at the same time allowing managers to promote earlymeasures to prevent wrongdoing from happening."The Minister emphasized that the new Values and Ethics Code for the Public Service sets the right tone andprovides an important foundation for the future. "It is important that expectations for the standards of behaviour inthe 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 Canadianvalues 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.- 30 -For more information, contact:Daniel Grenier Press Secretary Office of the President of the Treasury Board of Canada (613) 957-2666Mario Baril Media Relations Treasury Board of Canada Secretariat (613) 957-2391TTY (Telecommunications device for the hearing impaired) - (613) 957-9090IF THERE IS A DISCREPANCY BETWEEN ANY PRINTED VERSION AND THE ELECTRONIC VERSION OF THIS DOCUMENT, THEELECTRONIC VERSION WILL BE CONSIDERED OFFICIALBackgrounderWorking Group on Disclosure of WrongdoingTerms of ReferenceThe goal is to make recommendations for a credible and effective regime that will encourage and support the respectof public service values and ethics. The regime should provide employees with the means to report wrongdoing whileaffording appropriate protection against reprisals. This should be done in a way that those "accused" are treatedfairly 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 ofCanada.Examine experiences with the Policy on the Internal Disclosure of Wrongdoing, and distil the lessons for theGovernment 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 approachesrepresent a positive means for supporting ethical government and for the disclosure of "wrongdoing".Propose possible alternative legislative approaches, including:Issues related to resolution and disclosure such as: who is covered, what may be disclosed, who may disclose, towhom, how are those making disclosures protected, how are those "accused" treated fairly, what procedures forinvestigation, what office and powers etc. to administer/enforce, reporting to whom?Examine corollary issues such as how best to foster operational environments that allow for more open communicationand early identification of potential actions and behaviour inconsistent with public service values, includingwrongdoing, as well as incentives, awards and recognition for disclosers could also be examined.Report to TB President by end January 2004The working group would set its own agenda of study and consultations within that timeframe. The working group willbe supported by a small full-time secretariat who would be responsible for - under the direction of the chair andworking group -- coordinating meetings and consultations, gathering and distilling research for the working group anddrafting the report for the approval of the working group.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 andover 60 articles on public administration and public policy including public service values and ethics. Dr. Kernaghanearned an M.A. and PhD in Political Science from Duke University. In 2003 he received the Pierre De Celles/IPAC awardfor Excellence in the Teaching of Public Administration. He is also the recipient of the Vanier Gold Medal forexcellence in public administration and has served as an adviser to governments in Canada and elsewhere. Dr. Kernaghanhas served as president of the Institute of Public Administration of Canada and is a fellow of the Royal Society ofCanada. Mme. Hélène Beauchemin - President of HKBP Inc. (Member)Mme. Beauchemin is the President of HKBP Inc., a management consulting firm that focuses on professional andpersonal development. Mme. Beauchemin has extensive experience in the private and public sectors, and held severalsenior positions during a 16-year career with the Public Service of Canada. These included the post of Assistant DeputyMinister and Chief Financial Officer at Environment Canada. Mme. Beauchemin has also served as the President of theAssociation of Professional Executives of Canada (APEX) and was the management co-chair of the JointCareer Transition Committee (JCTC), a joint federal labour-management initiative, which received the prestigious Headof the Public Service Award in 2002. Mr. Denis Desautels - Director of the Centre on Governance at the University of Ottawa and former AuditorGeneral of Canada (Member)Mr. Desautels became Executive Director of the Centre on Governance at the University of Ottawa in 2001 following adistinguished term as Auditor General of Canada from 1991 to 2001. At the time of his appointment he was a seniorpartner 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 iscurrently on loan to the Association of Public Service Financial Administrators from his position as Financial Advisorwith Indian and Northern Affairs Canada. He has been President of the Association since it was founded. Mr. Hoskingalso 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 graduatedegree in law from the Faculty of Law, McGill University. Prior to a distinguished academic career, he was director ofthe health and environmental law department of the Law Reform Commission of Canada. Dr. Keyserlingk is the author ofsome 100 articles and three books. His ethical and legal analyses have been cited in the courts, including severaljudgements of the Supreme Court of Canada. Following his retirement from McGill University, Dr. Keyserlingk accepted aposition as the Government of Canada's first Public Service Integrity Officer in 2001. [ Backgrounder ]September 29, 2003 OTTAWA - The Honourable Lucienne Robillard, President of the Treasury Board of Canada and Member ofParliament for Westmount - Ville-Marie, is pleased to announce the details of a working group to review the state ofinternal 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 concernswithout fear of reprisal," said Minister Robillard. "Our current Policy on the Internal Disclosure of InformationConcerning Wrongdoing in the Workplace has been in use for almost two years, and although many employees have madedisclosures, we know that more public servants need to better understand the Policy. They also require more reassuranceon protection from reprisal. The Public Service Integrity Officer noted similar concerns in his recent Annual Report toParliament."Minister Robillard has appointed a five-member group consisting of Dr. Kenneth Kernaghan, Professor of PublicAdministration 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. MerdonHosking, President of the Association of Public Service Financial Administrators (Member). The working group willexamine 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 beendone by parliamentarians and the Public Service Integrity Officer himself. While it is evident that it is time to dealwith legitimate concerns raised about weaknesses in our current approach, we need to ensure that any new frameworkwould both encourage and support disclosures of wrongdoing while at the same time allowing managers to promote earlymeasures to prevent wrongdoing from happening."The Minister emphasized that the new Values and Ethics Code for the Public Service sets the right tone andprovides an important foundation for the future. "It is important that expectations for the standards of behaviour inthe 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 Canadianvalues 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.- 30 -For more information, contact:Daniel Grenier Press Secretary Office of the President of the Treasury Board of Canada (613) 957-2666Mario Baril Media Relations Treasury Board of Canada Secretariat (613) 957-2391TTY (Telecommunications device for the hearing impaired) - (613) 957-9090IF THERE IS A DISCREPANCY BETWEEN ANY PRINTED VERSION AND THE ELECTRONIC VERSION OF THIS DOCUMENT, THEELECTRONIC VERSION WILL BE CONSIDERED OFFICIALBackgrounderWorking Group on Disclosure of WrongdoingTerms of ReferenceThe goal is to make recommendations for a credible and effective regime that will encourage and support the respectof public service values and ethics. The regime should provide employees with the means to report wrongdoing whileaffording appropriate protection against reprisals. This should be done in a way that those "accused" are treatedfairly 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 ofCanada.Examine experiences with the Policy on the Internal Disclosure of Wrongdoing, and distil the lessons for theGovernment 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 approachesrepresent a positive means for supporting ethical government and for the disclosure of "wrongdoing".Propose possible alternative legislative approaches, including:Issues related to resolution and disclosure such as: who is covered, what may be disclosed, who may disclose, towhom, how are those making disclosures protected, how are those "accused" treated fairly, what procedures forinvestigation, what office and powers etc. to administer/enforce, reporting to whom?Examine corollary issues such as how best to foster operational environments that allow for more open communicationand early identification of potential actions and behaviour inconsistent with public service values, includingwrongdoing, as well as incentives, awards and recognition for disclosers could also be examined.Report to TB President by end January 2004The working group would set its own agenda of study and consultations within that timeframe. The working group willbe supported by a small full-time secretariat who would be responsible for - under the direction of the chair andworking group -- coordinating meetings and consultations, gathering and distilling research for the working group anddrafting the report for the approval of the working group.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 andover 60 articles on public administration and public policy including public service values and ethics. Dr. Kernaghanearned an M.A. and PhD in Political Science from Duke University. In 2003 he received the Pierre De Celles/IPAC awardfor Excellence in the Teaching of Public Administration. He is also the recipient of the Vanier Gold Medal forexcellence in public administration and has served as an adviser to governments in Canada and elsewhere. Dr. Kernaghanhas served as president of the Institute of Public Administration of Canada and is a fellow of the Royal Society ofCanada. Mme. Hélène Beauchemin - President of HKBP Inc. (Member)Mme. Beauchemin is the President of HKBP Inc., a management consulting firm that focuses on professional andpersonal development. Mme. Beauchemin has extensive experience in the private and public sectors, and held severalsenior positions during a 16-year career with the Public Service of Canada. These included the post of Assistant DeputyMinister and Chief Financial Officer at Environment Canada. Mme. Beauchemin has also served as the President of theAssociation of Professional Executives of Canada (APEX) and was the management co-chair of the JointCareer Transition Committee (JCTC), a joint federal labour-management initiative, which received the prestigious Headof the Public Service Award in 2002. Mr. Denis Desautels - Director of the Centre on Governance at the University of Ottawa and former AuditorGeneral of Canada (Member)Mr. Desautels became Executive Director of the Centre on Governance at the University of Ottawa in 2001 following adistinguished term as Auditor General of Canada from 1991 to 2001. At the time of his appointment he was a seniorpartner 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 iscurrently on loan to the Association of Public Service Financial Administrators from his position as Financial Advisorwith Indian and Northern Affairs Canada. He has been President of the Association since it was founded. Mr. Hoskingalso 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 graduatedegree in law from the Faculty of Law, McGill University. Prior to a distinguished academic career, he was director ofthe health and environmental law department of the Law Reform Commission of Canada. Dr. Keyserlingk is the author ofsome 100 articles and three books. His ethical and legal analyses have been cited in the courts, including severaljudgements of the Supreme Court of Canada. Following his retirement from McGill University, Dr. Keyserlingk accepted aposition as the Government of Canada's first Public Service Integrity Officer in 2001.
