Introduction -- Criteria of “success” for Canada’s disclosure regime -- Diagnosing the problems of the disclosure regime

Encouraging, supporting and protecting public servants who engage in the good faith disclosure of serious wrongdoing has proven to be difficult in all political systems, even when legislation to serve these purposes has been adopted. As recent events have illustrated, the Government of Canada is no exception in this regard. After a lengthy process of debate and amendment in Parliament over several years, the Public Servant Disclosure Protection Act (PSDPA) came into effect on April 15, 2007. The PSDPA includes the requirement for a review of its provisions after five years of operation. The proponents of strong whistleblowing protection, such as the public sector unions and the umbrella advocacy group, Federal Accountability Initiative for Reform (FAIR), had during the course of its parliamentary passage described the PSDPA as fundamentally flawed and predicted that it would not be effective in providing safe channels for disclosure or iron clad guarantees of protection for whistleblowers.