CFE Report finds Alberta law provides little protection for those speaking up about wrongdoing

In its tenth report analyzing adequacy of provincial whistleblower protection laws in Canada, the Centre for Free Expression (CFE) finds that, although Alberta’s legislation [Public Interest Disclosure (Whistleblower Protection) Act] has more best practices than any other major jurisdiction in Canada, it still has significant shortcomings which fatally undermine a proper whistleblower protection regime. 

The current law fails adequately to meet any of the CFE’s Evaluative Criteria, thus fatally undermining its ability to meet its laudable objectives. 

The CFE report provides a detailed commentary of the key provisions of the Act and its implementation. Broadly, it recommends a shift away from restrictions and requirements on those making disclosures and more emphasis on the proactive protection of whistleblowers. The report suggests six areas for specific improvements. 

1. Expand protected disclosure to all workers, including employees, contractors,
temporary staff, interns, volunteers, and job applicants,
2. Mandate the proactive protection of workers making disclosures, informed by a risk
assessment, with chief officers held accountable for failures,
3. Establish a reliable and effective process for workers to obtain interim relief from
reprisals while investigations are ongoing,
4. Establish a standard for proving reprisal that shifts the legal burden of proof to the
organization once the worker has established a prima facie case of reprisal,
5. Set high standards for investigations and investigators, including for competence, and
6. Require meaningful performance indicators and data to be gathered to support routine
monitoring and the evaluation or audit of the regime every five years.

In a letter to the Alberta Premier, the Hon. Danielle Smith, CFE Director James L. Turk said CFE would be pleased to meet with her or her officials to answer any questions they may have and to provide more detail both as to the problems with the current Act and what steps the Alberta government could take to remedy them in the interest of the people of Alberta. Such improvements, Turk pointed out, could make Alberta’s whistleblower protection legislation a model for the rest of the prairie provinces and for Canada as a whole.

The Centre for Free Expression  is a leading authority on whistleblower protection in Canada and is Canada’s member of the Whistleblowing International Network. Its team of experts assist governments and organizations in realizing their objective of having proper and effective whistleblower protection laws and practices. The CFE is a non-partisan platform that focuses on issues that help ensure an informed citizenry and a stronger democracy. It works in collaboration with academic and civil society organizations across Canada and internationally and is based in The Creative School at Toronto Metropolitan University.