The federal integrity watchdog has released a report stating that the Department of National Defence violated the federal whistleblower law by not being transparent about the outcomes of investigations into wrongdoing. Joe Friday, the public sector integrity commissioner, revealed concerning findings indicating that both the Defence Department and the Canadian Armed Forces have a consistent pattern of withholding information from Canadians regarding internal probes of misconduct.
According to the report, the integrity commissioner’s office launched an investigation in 2020 after discovering that the department had not updated its web page about public disclosures of wrongdoing in five years. Although whistleblower reports had led to three findings of misconduct during that period, information about the cases was only made public in 2021 and 2022.
Friday’s report highlighted that there was evidence of a recurring problem in the disclosure process at the Defence Department and the Forces. Published cases of wrongdoing were scarce, and in some instances, whistleblowers were not promptly notified of the results of internal investigations. Individuals involved in the cases expressed numerous concerns about how the cases were being handled.
The report shared specific examples of delayed information disclosure. In one instance, a Defence Department employee who reported wrongdoing in 2016 did not learn about the investigation’s outcome until 2022, despite following up multiple times. In another case, an investigation completed in 2018 did not make its results public until more than 43 months later. The report emphasized that it remains uncertain whether the results would have ever been disclosed if the integrity commissioner’s office had not intervened.
Friday emphasized the importance of transparency and timely communication to whistleblowers, stating that disclosing wrongdoing requires great courage. He regarded transparency as a fundamental aspect of the whistleblower protection regime. The report concluded that the delays in these cases were not due to trivial acts or minor negligence but indicated “a serious error that is not debatable among reasonable people.”
The report recommended that all senior managers within the Defence Department undergo training to ensure their familiarity with the Public Servants Disclosure Protection Act. Additionally, regular audits of the internal disclosure program and yearly evaluations were suggested for the next three years to ensure effective management.
The Defence Department has committed to implementing the report’s recommendations. Bill Matthews, the deputy minister of defence, stated that the department will use the findings and recommendations to guide ongoing efforts and improve the culture of the defence team.
While the report does not provide details about the specific allegations or the investigation results, it highlights the need for whistleblower protection mechanisms and improved disclosure of information within the Canadian Armed Forces.
The report also took into account the concerns of public servants regarding reprisals for making whistleblower complaints. In a previous survey conducted by the integrity commissioner’s office, only 49 percent of federal employees felt they could report misconduct without fear of retaliation. The report concluded that the combination of fear and cynicism among public servants acts as a significant deterrent to whistleblowing.