When Food Inspection Agency head Carole Swan abruptly fired union
steward Luc Pomerleau for sharing a confidential memo with his
colleagues, she provided us with yet another example of apparent
retaliation against a public servant who, by stumbling upon the truth,
embarrassed his bosses and in this case got in the way of senior
bureaucrats' secretive plans.
This incident demonstrates the arrogance and duplicity of the Food
Inspection Agency as well as Treasury Board in hiding from the
public their plan to make very controversial changes that may affect
the safety of the Canadian food supply. This is not an academic policy
decision but an issue with potential life-and-death consequences.
Don't these bureaucrats recall what happened at Walkerton when
regulatory oversight of Ontario's water supply was gutted? The public
remembers.
This incident also reminds us of Stephen Harper's promise in the 2006
Throne Speech to "provide real protection for whistle-blowers who show
great courage in coming forward to do what is right". His government's
constantly-repeated mantra is that they have indeed provided
'ironclad' protection for whistleblowers. But is this true?
The information that Pomerleau discovered has serious public health
implications. Management evidently saw him as a whistleblower and
reacted in the usual punitive manner. In these circumstances he surely
qualifies for the protection that Harper has promised to
whistleblowers who speak out in the public interest.
Ms. Swann therefore appears to have authorized a reprisal against a
whistleblower an offence under Harper's legislation that is
punishable by disciplinary action up to and including dismissal. Other
bureaucrats such as Treasury Board secretary Wayne Wouters could also
suffer the same fate if they encouraged or were complicit in Ms.
Swan's actions. This entire matter could be immediately investigated
by the Public Sector Integrity Commissioner, whose mandate is to carry
out exactly this type of probe. Imagine the positive message it would
send to honest public servants if for once a senior bureaucrat was
sanctioned for taking reprisals against a truth-teller!
Will any of this happen? Only in our dreams: because Harper's vaunted
whistleblower protection law is merely a smokescreen. The proof of
this is that, in her first year of operation the new whistleblower
watchdog, the Public Service Integrity Commissioner, with a staff of
21 and a budget of $6.5 million, has found not a single instance of
wrongdoing (or reprisal) in the entire federal public service.
Knowing how flawed this 'protection' really is, Pomerleau is unlikely
even to approach the Commissioner's office. And his union could spend
years battling for his job while Justice Department lawyers engage in
a no-holds-barred defence all paid for by the taxpayer. This is
standard procedure.
Witness the three Health Canada truth-tellers Shiv Chopra, Margaret
Hayden and Gerard Lambert fired for their heroic (and successful)
efforts to keep Monsanto's Bovine Growth Hormone out of Canada's milk
supply. Four years later they are still out of work while their case
still drags on. Or Joanna Gualtieri, who exposed lavish waste at
Foreign Affairs and later sued her bosses for harassment. Ten years
later she is still unemployed, her case is still dragging in the
courts, she has been forced to answer 10,576 questions, and Justice
Department lawyers' files on her case total more than 50 feet taller
than a five-storey building.
It seems that Stephen Harper's regime truly is providing 'ironclad'
protection not for diligent front line employees like Luc Pomerleau,
but for senior bureaucrats committed to government secrecy.
The Conservatives' election campaign brochures said: "The time for
accountability has arrived." Harper must now deliver on his promises
to protect honest public servants or be held accountable for the
trust he has broken.
The Honourable David Kilgour, former Secretary of State
Dr. Michθle Brill-Edwards, former Health Canada whistle-blower
Brian McAdam, former Foreign Affairs whistle-blower
David Hutton, Executive Director, FAIR (Federal Accountability
Initiative for Reform)