This is a hypothetical situation for illustrative purposes only.
Dear Window on Values and Ethics,
I am a young employee who has just started working with the Department of Canadian Electrical Standards. I am aware that my department is in the process of making substantial changes to the standards, which should be implemented in the very near future. Last week, I overheard a conversation between two senior managers. I am not too sure what they were talking about, but I thought I heard that the minister would put the implementation plan on hold for a few more weeks due to other priorities. Now I know, from reading the newspaper, that Canadians are impatiently waiting for the implementation of those standards and that any delays in the implementation may create a specific danger for the life, health and safety of the Canadian population.
I talked about this with my friends last weekend and they very excitedly suggested that I speak to the media right away because the situation sounded dangerous. I am not sure what to do because in the Values and Ethics course last week, they put a strong emphasis on my duty of loyalty to my employer. What should I do?
Signed James Watt
Dear James Watt,
Wait a minute! Before you go off and talk to the media, let’s take a closer look at this situation. There are a number of points that need to be considered, such as:
- The facts are not complete. You are not entirely sure what you overheard.
- The Code of Public Service Values and Ethics says that “Public servants shall loyally implement ministerial decisions, lawfully taken.”
- “Public servants must strive to ensure that the value of transparency in government is upheld while respecting their duties of confidentiality under the law.”
- While you have a duty of loyalty to your employer, it does not prevent you from raising issues, because there are mechanisms in place to help you do so, and to protect you from reprisal for so doing.
The Public Service Disclosure Protection Act (PSDPA) that came into force on April 15, 2007 serves many objectives, namely:
- Supporting a positive public sector culture based on values and ethics; and
- Balancing principles of freedom of expression and duty of loyalty to the employer.
The PSDPA also protects employees who disclose possible wrongdoing or are involved in a disclosure investigation from any reprisal. If you think that what you overhead would constitute wrongdoing, such as an act or omission that creates a substantial and specific danger to the life, health and safety of Canadians or the environment, there are three ways for you to make a disclosure: (1) to your supervisor, (2) to the designated Senior Officer for Disclosure in your department, or (3) to the Public Sector Integrity Commissioner. These individuals will gather the facts and determine whether a wrongful act was committed or not.
Under very rare and extreme circumstances, the Act permits a public servant to make a disclosure to the public, such as to the media, if there is not sufficient time to make a disclosure to one of the individuals named above, and if the disclosure involves a serious breach of a law or an imminent risk of a substantial and specific danger to the life, health and safety of persons, or to the environment. But in this case, you do not have enough information to make that determination. I urge you to speak to your supervisor, your departmental Senior Officer or to the Public Sector Integrity Commissioner about your concerns as soon as possible.
Window on Values and Ethics
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