Whistleblowing for Beginners
Canada’s whistleblowing legislation is really out of date.
The Public Service Disclosure Protection Act, enacted in 2007, was supposed to be reviewed every five years. It wasn’t.
In 2022, the federal government finally appointed a task force to have a look at the law and recommend how to better protect public servants who report wrongdoing. It also asked for advice on improving the disclosure process and other measures related to oversight, training and communications. The report was due at the end of 2024. Meanwhile, Parliament is prorogued, and an election is expected in the spring of 2025.
Whistleblowing can expose hidden truths that lead to institutional change and accountability. It takes courage and conviction to go public about wrongdoing
It also poses significant risks for the person who speaks out.
Journalists have an ethical obligation to discuss the hard truths about whistleblowing with their sources. Doing so helps people make informed decisions about the consequences of reporting wrongdoing. This helps protect sources them from harm and upholds journalistic integrity.
My first experience with a whistleblower was more than 25 years ago when I was a radio reporter at CBC Fredericton. Back when I naively believed no one would punish a whistleblower for exposing corruption.
It started when a thick envelope arrived with no cover letter or explanation. The receptionist said a man had dropped it off while I was reading the news. I excitedly opened my first ‘brown envelope’ to find spreadsheets peppered with numbers and abbreviations for chemical elements. I recognized a few, such as Pb for lead but the others were more complex.
With no other clues about what I was looking at, I called a chemistry professor for help. He identified several hazardous compounds such as toluene. His best guess was that the sheets were the results of groundwater testing that indicated high levels of contamination. Where they had been collected remained a mystery.
Three weeks later, the man got in touch. It turned out that he worked at a company that was was supposed to remediate contaminated soil from places such as old gas stations. He was responsible for testing the groundwater.
Yet, instead of treating the dirt, he said the company just regraded parts of its own property with contaminated soil. The documents he shared with me were photocopies of the original test results. He explained that if I could obtain the paperwork submitted to the provincial government, I would see that the business was doctoring its test results. He was right. So, I asked him to tell the story on the record.
The whistleblower took his time to think about it before agreeing to come in for an in-studio interview. He talked about how corporate environmental self-reporting was vulnerable to corruption. He also expressed his concerns that the contamination could affect people who drew well water from the same water table.
When I informed my source that the story would go to air the next morning, he started to panic. Within an hour, he showed up at the CBC station with his wife. They pleaded with me not to air the story, saying he’d probably get fired and not be able to find another job in New Brunswick. I asked him, “What about the people who could get sick? What about the spread of contamination?” He was adamant we could not proceed. Feeling sick to my stomach, I asked my boss for help.
The story would go to air as planned. This person, my manager said, made the unilateral decision to photocopy and share internal corporate documents with a reporter. He then agreed to come into the studio for an interview. “This guy was motivated to do the right thing,” my boss explained, “He may not have told his wife the whole story but that isn’t your problem.”
The story led to an investigation, compliance orders and a hefty fine for the company. The government tinkered with its self-reporting regime. And my source was fired. Six months later, he got in touch to tell me that he couldn’t find another job in New Brunswick. He said it my fault that his family would have to move to Nova Scotia. It was a hard phone call, but I had no regrets about the editorial decision to broadcast.
I’ve worked with several whistleblowers since then as a journalist and consultant. We always begin by thinking about how to make the information public without exposing its source. I explain the consequences or acts of retaliation they might face for speaking out. I also explain that once they’ve spoken on the record, they can’t recant.
It may surprise you to know that no one has ever backed out.
Additional resources about whistleblowing:
Centre for Free Expression – Whistleblower Protection
Office of the Public Sector Integrity Commission Canada
Ontario Securities Commission – Whistleblower Program
Professional Institute of the Public Service of Canada – Pocket Guide on Whistleblowing
