Whistleblowers pay a high price for speaking out | CBC Go Public

Summary

The script discusses the plight of whistleblowers in Canada, highlighting the case of Silvie Tahan, who was fired after revealing her employer's directive to disqualify people from EI benefits to save money. Despite the Office of the Integrity Commissioner's mandate to protect whistleblowers, the system is criticized as ineffective, with a low success rate for those who file complaints. Advocates argue that Canada's whistleblower protection is inadequate compared to other nations, and there's a current push for legislative changes to better safeguard those who expose wrongdoing.

Takeaways

• 🔍 A whistleblower, Silvie Tahan, lost her job and financial stability after exposing her employer's unethical practices.
• 📉 Tahan was tasked with disqualifying people from benefits to save half a million dollars a year, an action she found unjust.
• 🗣️ The government initially denied having AI quotas but later referred to them as targets, which sparked controversy.
• 😥 After being fired, Tahan struggled for five years, facing unemployment and bankruptcy, highlighting the harsh reality for whistleblowers.
• 🏛️ The Office of the Integrity Commissioner, established to protect whistleblowers, declined to investigate Tahan's case, showing a failure in the system.
• 📊 Since its creation, only eight out of 306 public servants who faced reprisals have reached the tribunal stage, with one negative outcome.
• 🌐 Internationally, Canada is criticized for its poor whistleblower protection, lagging behind the U.S., EU, and Australia.
• 📜 Canadian law protects employees from employer retaliation for reporting wrongdoing to law enforcement but not for speaking to the media.
• 🔄 Despite recommendations from a parliamentary committee in 2017, no changes have been made to strengthen whistleblower protection.
• 💡 There's an ongoing campaign by Democracy Watch to push for comprehensive protection for all whistleblowers, regardless of the sector.

Q & A

What was Silvie Taman's job before she became a whistleblower?

Silvie Taman used to hold a $60,000 a year job investigating fraudulent EI (Employment Insurance) claims.

What was the controversial directive given to investigators by the conservative government?

The conservative government told investigators to each save half a million dollars a year by disqualifying people from benefits, implying that there was widespread fraud.

How did the government initially respond to the allegations of having AI quotas?

Initially, the government denied having AI quotas, then later referred to them as targets.

What was the consequence for Silvie Taman after she leaked the story to the media?

Silvie Taman was fired a few months after leaking the story to the media.

What is the role of the Office of the Integrity Commissioner in Canada?

The Office of the Integrity Commissioner is meant to investigate wrongdoing in the public sector and protect whistleblowers.

Why couldn't the Office of the Integrity Commissioner look into Silvie Taman's case initially?

The Office of the Integrity Commissioner claimed they couldn't look at her case while the labor board was investigating.

What was the Federal Court of Appeal's ruling regarding the Integrity Commissioner's ability to investigate?

The Federal Court of Appeal ruled that the Integrity Commissioner could investigate, but it chose not to.

How effective is the system designed to protect whistleblowers in Canada according to the transcript?

The system is not effective; since the Office of the Integrity Commissioner was created 11 years ago, out of 306 public servants who filed complaints, only one has received a decision, and that was not in their favor.

What has changed regarding the directive on quotas or targets for individual fraud investigators since the Liberal government took over?

The Liberal government has stated that there are no longer quotas or targets for individual fraud investigators.

How does Canada's whistleblower protection compare internationally according to the transcript?

Canada has a reputation as being the 'Titanic of whistleblower protection,' meaning it is disastrous and falls behind the U.S., EU, and Australia in shielding those who blow the whistle on scandals and corruption.

What is the current legal protection for whistleblowers in Canada who report wrongdoing to the media?

Currently, the Criminal Code provision 25.1 does not protect employees who report wrongdoing to the media from employer retaliation.

Outlines

00:00

🚨 Whistleblower's Struggle: Unemployment and Bankruptcy

The paragraph details the plight of a former AI fraud investigator who faced unemployment and bankruptcy after whistleblowing against her employer. The investigator, Silvie Tahan, was tasked with disqualifying people from benefits to save the government money, which she found unethical. After leaking the story to the media, she was fired and has since been fighting to regain her job. Despite submitting a complaint to the Office of the Integrity Commissioner, she faced a long and arduous process with little support. The paragraph highlights the emotional and financial toll on whistleblowers and the inadequacy of the system designed to protect them.

Keywords

💡Whistleblower

A whistleblower is an individual who exposes unethical or illegal activities within an organization or entity to the public or to those in positions of authority. In the video, Silvie Tahan is portrayed as a whistleblower who revealed the unethical practice of setting targets for disqualifying people from benefits to save money. Her actions led to her facing severe consequences, including job loss and financial hardship, which underscores the theme of the video about the challenges whistleblowers face.

💡Fraud Investigator

A fraud investigator is a professional who examines and investigates instances of fraud or financial misconduct. In the context of the video, Silvie Tahan was a fraud investigator who held a $60,000 a year job, which involved investigating fraudulent EI (Employment Insurance) claims. Her role is central to the narrative as it was in this capacity that she discovered and reported the unethical directives she was given.

💡AI Quotas

AI quotas refer to the targets set for investigators to disqualify a certain amount of people from benefits, implying a presumption of fraud. The video discusses how investigators were required to find half a million dollars in fraud, which led to a controversy when the government initially denied the existence of such quotas and later referred to them as targets. This concept is key to understanding the conflict that led to the whistleblower's actions.

💡Integrity Commissioner

The Integrity Commissioner is an office created to investigate wrongdoing in the public sector and protect whistleblowers. The video mentions that Tahan submitted a complaint to this office, which declined to look into her case while the labor board was investigating. This highlights a significant part of the narrative, showing the limitations and challenges of the system designed to protect whistleblowers.

💡Labor Board

The Labor Board is a body that deals with disputes and issues related to labor and employment. In the video, it is mentioned in relation to Tahan's case, where the Integrity Commissioner stated they couldn't look at her case while the labor board was investigating. This indicates the bureaucratic hurdles and layers of investigation that whistleblowers may have to navigate.

💡Federal Court of Appeal

The Federal Court of Appeal is a higher court that reviews decisions made by lower courts. In the video, it is mentioned that this court ruled the Integrity Commissioner could investigate Tahan's case, but the commissioner chose not to. This decision is part of the narrative that illustrates the complexities and potential shortcomings in the legal processes surrounding whistleblower cases.

💡Chill Effect

The chill effect refers to the deterrent impact that the fear of negative consequences can have on people's willingness to speak out or take action. The video uses this term to describe the impact of the lack of protection for whistleblowers, suggesting that the difficulties faced by Tahan and others could discourage others from coming forward, even when they witness wrongdoing.

💡Democracy Watch

Democracy Watch is an organization mentioned in the video that is leading a letter-writing campaign to push for protection for all whistleblowers, regardless of whether they are in the public or private sector. This indicates the ongoing advocacy efforts to improve the legal and protective frameworks for whistleblowers in Canada.

💡Criminal Code Provision 25.1

This is a legal provision in Canada's Criminal Code that makes it an offence for an employer to threaten or take action against an employee to punish them or deter them from talking to law enforcement. However, as highlighted in the video, this law does not apply to employees who report wrongdoing to the media, which is a significant limitation in the protection offered to whistleblowers.

💡Parliamentary Committee Hearing

A parliamentary committee hearing is a formal meeting where members of parliament discuss and review specific issues or legislation. The video refers to a hearing in June 2017 that led to recommendations for changes in whistleblower protection laws. However, the fact that none of these recommendations were accepted underscores the video's theme of the inadequacy of current protections.

Highlights

An AI fraud investigator, Silvie Tahan, was left jobless and bankrupt after whistleblowing on her employer.

Whistleblowing can be a risky business in Canada, as Erica Johnson found out.

Tahan used to hold a $60,000 a year job investigating fraudulent EI claims.

The government told investigators to save half a million dollars by disqualifying people from benefits.

Tahan leaked the story to the media when the government denied having AI quotas.

The government initially denied quotas, then called them targets, leading to a controversy.

Tahan was fired a few months after whistleblowing and has been trying to get her job back for five years.

She submitted a complaint to the Office of the Integrity Commissioner, which was created to protect whistleblowers.

The Integrity Commissioner declined to discuss why Tahan's case and others are taking years to be addressed.

Whistleblower advocates argue the system to protect those who speak out is not working.

Since the Office of the Integrity Commissioner was created 11 years ago, only one out of 306 reprisal cases reached a tribunal decision.

The directive for individual fraud investigators to disqualify people from EI benefits to save money has been removed.

Canada has a reputation as being the Titanic of whistleblower protection, meaning it's disastrous.

Canada falls behind the U.S., EU, and Australia in protecting whistleblowers.

There is a Criminal Code provision in Canada that doesn't protect employees who report wrongdoing to the media.

A parliamentary committee hearing in 2017 led to recommendations for changes, but none were accepted.

A letter-writing campaign is underway to push for protection for all whistleblowers, public or private sector.

Transcripts

an AI fraud investigator left jobless

bankrupt and looking for help after she

blew the whistle on her employer as go

publics Erica Johnson found out was a

blowing can be a pretty dicey business

in this country and another article

about when you spoke out yes it was big

news when Silvie tahun spoke out she

used to hold a $60,000 a year job

investigating fraudulent EEI claims that

was the first one it was really intense

but when the conservative government

told investigators to each save half a

million dollars a year by disqualifying

people from benefits she leaked the

story to the media they're each required

to find a half a million dollars in

front presumes that there's widespread

fraud and that they're all a bunch of

cheaters and criminals at first the

government denied having AI quotas then

called them targets the controversy made

for a good satire excuse me sir I'm a

service canada pjip eyes but it was no

laughing matter for TN a few months

later she was fired she spent the past

five years trying to get her job back

she's unemployed and bankrupt it's

financially difficult but it's

emotionally difficult toffee n submitted

a complaint to the office of the

integrity commissioner created 11 years

ago to investigate wrongdoing in the

public sector and protect whistleblowers

they said they couldn't look at her case

while the labor board investigated a

Federal Court of Appeal ruled the

integrity commissioner could investigate

but it's chosen not to the process is

like you know it's torturous my name is

Joe Friday and yes it's my real name the

integrity commissioner declined a

request to discuss why Joanne's case and

dozens and dozens of others are taking

years to be addressed this whistleblower

advocate says the system to protect

people who speak out is clearly not

working no one has ever been protected

through this I unders be no changes to

the law no attempt to rectify this and

these are good honest people who are

doing the right thing to protect us

to protect the public and they've lost

everything

Erica joins us now from Vancouver so

Erica we just heard of whistleblower

advocates say the system designed to

protect people hasn't done that at all

so how do we quantify that failure well

it's not really very good news for

public servants that are hoping for

protection if they speak out if you take

a look at the stats since the office of

the integrity commissioner was created

11 years ago 306 public servants who

have suffered reprisals have filed

complaints of those 306 only eight

people have made it to the tribunal

stage and of those only one has received

a decision and that decision was not in

her favor okay so that there you go

there's the chill effect on anyone you

know contemplating blowing the whistle

when it comes to her original objective

of EAJA what's changed inside that

system alright well Phil Vito Han felt

it wasn't right to have a target or a

quota to disqualify people from e-i

benefits simply to save money for the

government and we have contacted the now

Liberal government and asked if that

directive still exists they say there

are no longer quotas or targets for

individual fraud investigators okay some

change listen thanks for this Erica

erica johnson in vancouver good to talk

to you so the man you just saw on

Erica's piece David Hutton who's a

longtime advocate for whistleblower

protection says that internationally

Canada has a reputation as being the

Titanic of whistleblower protection in

other words disastrous there's no real

protection at all

Canada falls behind the u.s. the EU and

Australia and how it shields those who

are brave enough to blow the whistle on

scandals and corruption and wrongdoing

by the powerful so in Canada there is a

Criminal Code provision for 25.1 it

makes it an offence for an employer to

threaten or take action against an

employee as a way to punish them or

steer them away from talking to law

enforcement but here's the kicker the

law does not apply to employees who

report wrongdoing to the media there was

a parliamentary committee hearing in

June

20-17 that led to a raft of

recommendations for changes but none of

them was accepted now there's a

letter-writing campaign underway from

democracy watch to push for protection

for all whistleblowers public or private

sector no matter who they're reporting

the wrongdoing to