Investigation into reprisals ‘not sufficient,’ ‘puzzling’: Court

Whistleblower’s allegations not treated fairly by integrity commissioner
By Sarah Dobson
|Canadian HR Reporter|Last Updated: 12/04/2012

Despite a 21-month investigation, a whistleblower’s allegations of reprisals were not properly looked into by the Office of the Public Sector Integrity Commissioner (OPSIC), the Federal Court has ruled.

“Despite the very lengthy amount of time during which this matter was under investigation, the investigation was not sufficiently thorough,” said Anne Mactavish, the Federal Court trial judge who made the ruling. “The investigator failed to investigate obviously crucial evidence.”

This is one of the first cases looking at the whole question of the conduct of investigations of reprisal under the Public Servants Disclosure Protection Act (PSDPA), said David Yazbeck, a partner at law firm Raven, Cameron, Ballantyne & Yazbeck in Ottawa.