1. Whistleblowers BOH4M

2. What is a Whistleblower? A person who tells the public or someone in authority about alleged dishonest or illegal activities occurring in an organization or the government Whistleblowers may make their allegations internally (for example, to other people within the accused organization) or externally (to regulators, law enforcement agencies, to the media or to groups concerned with the issues)

3. Consequences? Whistleblowers can face a range of consequences for coming forward: A hostile work environment Limited opportunities for advancement Dismissal Lawsuits

4. Whistleblower Legislation One of the first laws that protected whistleblowers was the 1863 United States False Claims Act which tried to combat fraud by suppliers of the United States government during the Civil War The act encourages whistleblowers by promising them a percentage of the money recovered or damages won by the government and protects them from wrongful dismissal

6. In Canada Provincial occupational health and safety laws: Ex: Ontario’s Occupational Health and Safety Act prohibits employers from retaliating against workers who have complied with the legislation’s provisions Canada Labour Code contains similar provisions (maximum fine of $15,000) Human rights codes: Prohibit threatening, intimidating or discriminating against someone because that person is enforcing rights under the legislation

7. In Canada Ontario’s Environmental Protection Act and Environmental Bill of Rights prohibit reprisals against employees complying with certain legislation Environmental Assessment Act, the Nutrient Management Act, the Ontario Water Resources Act, the Pesticides Act, the Safe Drinking Water Act, and the Toxics Reduction Act Offenders are subject to prosecution Employees have a right of complaint to the Ontario Labour Relations Board, which has wide remedial powers including reinstatement with back pay Dismissed whistleblowers have a civil claim for lost wages and punitive damages if the termination flows from an attempt to have an environmental law enforced

8. In Canada Canadian Environmental Protection Act prohibits employers from retaliating against employees who report offences, refuse to conduct illegal activities or declare their intention to comply with the law Section 425.1 of the Criminal Code prohibits employers from retaliating or threatening to take action against employees who provide information to a federal or provincial law enforcement official (sanctions include imprisonment for up to five years)

9. However… Canadian protection for whistleblowers is some of the weakest in the English-speaking world Until recently, there was no formal protection for those who spoke up from a position of knowledge inside government Worse in private sector (no exceptions for libel suits for issues in the public interest) Historically, many Canadian private sector business scandals had come to light only through the intervention of the US SEC or other regulators