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UBC Theses and Dissertations
Whistle blowing in the public service of Canada Mercan, Dennis
Abstract
The lack of a comprehensive statute to assist federal public servants in exposing wrongdoing within government has been a factor in the recent media attention focused upon the federal Privacy Commissioner. This has contributed, in large part, to his resignation from office. This incident highlights the complex relationships that exist for public servants who encounter and consider disclosing to the public wrongdoing within the federal government. This thesis is intended to contribute to the discussion of the issues involved in a public servant's duty of loyalty owed to the government and the confusion in the jurisprudence between whistle blowing and criticism of government policy. It investigates the scope of the Supreme Court of Canada's decision in Fraser v. Public Service Staff Relations Board and Federal Court, provincial appellate court, and administrative tribunal decisions that apply it. In particular, this thesis examines the relationships at law that underlay a theoretical foundation for those decisions. The relationship between whistle blowing and criticism of government policy by public servants as it relates to the common law duty owed by them to the government is examined. Consideration is also given to the role and extent that a civil servant's freedom of expression plays in shaping that duty of loyalty. Current government initiatives and proposed federal legislation are reviewed, since each establishes a different regime for addressing whistle blowing by federal public servants. An assessment of the current state of the common law and these initiatives from the perspective of law reform of this area of the law completes the discussion. The conclusion of this thesis is that the continuing confusion in the courts and administrative tribunals concerning separation of whistle blowing from government policy criticism is best addressed through the proposed federal legislative initiative. It seeks to create a regime that will adequately resolve the approach to adopt in relation to whistle blowing as a form of permissible organizational dissent by federal public servants in Canada.
Item Metadata
Title |
Whistle blowing in the public service of Canada
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Creator | |
Publisher |
University of British Columbia
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Date Issued |
2003
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Description |
The lack of a comprehensive statute to assist federal public servants in
exposing wrongdoing within government has been a factor in the recent media
attention focused upon the federal Privacy Commissioner. This has contributed, in
large part, to his resignation from office. This incident highlights the complex
relationships that exist for public servants who encounter and consider disclosing to
the public wrongdoing within the federal government.
This thesis is intended to contribute to the discussion of the issues involved in
a public servant's duty of loyalty owed to the government and the confusion in the
jurisprudence between whistle blowing and criticism of government policy. It
investigates the scope of the Supreme Court of Canada's decision in Fraser v.
Public Service Staff Relations Board and Federal Court, provincial appellate court,
and administrative tribunal decisions that apply it. In particular, this thesis examines
the relationships at law that underlay a theoretical foundation for those decisions.
The relationship between whistle blowing and criticism of government policy
by public servants as it relates to the common law duty owed by them to the
government is examined. Consideration is also given to the role and extent that a
civil servant's freedom of expression plays in shaping that duty of loyalty. Current
government initiatives and proposed federal legislation are reviewed, since each
establishes a different regime for addressing whistle blowing by federal public
servants. An assessment of the current state of the common law and these
initiatives from the perspective of law reform of this area of the law completes the
discussion.
The conclusion of this thesis is that the continuing confusion in the courts and
administrative tribunals concerning separation of whistle blowing from government
policy criticism is best addressed through the proposed federal legislative initiative.
It seeks to create a regime that will adequately resolve the approach to adopt in
relation to whistle blowing as a form of permissible organizational dissent by federal
public servants in Canada.
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Extent |
11035900 bytes
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Genre | |
Type | |
File Format |
application/pdf
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Language |
eng
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Date Available |
2009-10-30
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Provider |
Vancouver : University of British Columbia Library
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Rights |
For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.
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DOI |
10.14288/1.0077560
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URI | |
Degree | |
Program | |
Affiliation | |
Degree Grantor |
University of British Columbia
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Graduation Date |
2003-11
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Campus | |
Scholarly Level |
Graduate
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Aggregated Source Repository |
DSpace
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Item Media
Item Citations and Data
Rights
For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.