Canadian Lawyer InHouse

fall into a black hole never to be heard from again. Rather, the reporting system needs to be to the top levels of management and an executive needs to be appointed in charge of the program so there's accountability. Marvin Pickholz, a former national assistant director of the SEC's Division of Enforcement who is now a lawyer in the white-collar practice group at Duanne Morris LLP in New York, says, "I think the whistleblower has to be able to report directly to the chair of the board or the CEO." Lawyers say don't be surprised to see more whistleblower fallout here in Canada, which has few such laws. While audit committees of public companies are supposed to develop a whistleblower system, there is little legislation in this area. However, Gray notes the Ontario Securities Commission is working on a whistleblower program. Whether it will feature incentives like the U.S. system remains to be seen. Create disclosure culture Clark says companies need to create a culture of compliance around whistleblowing with formal procedures. It shouldn't just be "paper compliance," she says, but needs to be a "real, organizational commitment to efficient practices" so that it becomes routine and eliminates the fear for whistleblowers coming forward. 2014 ONTARIO LAWYER'S PHONE BOOK THE MOST COMPLETE DIRECTORY OF ONTARIO LAWYERS, LAW FIRMS, JUDGES AND COURTS With more than 1,400 pages of essential legal references, Ontario Lawyer's Phone Book is your best connection to legal services in Ontario. Subscribers can depend on the credibility, accuracy and currency of this directory year after year. No retaliation Dattu says the policy must be clear that there will be no retaliation if a person comes forward in good faith, even if the complaint proves to be incorrect. If a company fires a whistleblower because of competence, then it needs to be well-documented. More detail and a wider scope of legal contact information for Ontario than any other source: 27,000 lawyers listed 9,000 law firms and corporate offices listed Investigation The whistleblower program should include a proper investigation process by qualified persons who are trained in such matters. Reporting The whistleblower should be kept apprised of what's happening with their complaint and engaged in the process so they don't feel ignored. Training and awareness Employees need to be informed of the whistleblower process and those involved in its implementation need proper training on how it works and the steps that need to be taken. Communicate developments If the whistleblower program unearths improper conduct that results in organizational change, then that needs to be reported to staff. "When employees see change to a compliance program, they realize their concerns have been taken seriously." Clark says a bounty program like that created in Dodd-Frank is necessary because "whistleblowing is not a career enhancement device. In fact, it is often a careerending device. "The reason I think Dodd-Frank has been so effective is that the financial incentives are so substantial that they have the effect of compensating whistleblowers not just for a loss of job, but for a loss of career, because that's often what happens." IH December each year On subscription $74 One time purchase $77 L88804-626 Multiple copy discounts available Prices subject to change without notice, to applicable taxes and shipping & handling. Includes lists of: Federal and provincial judges Federal courts, including a section for federal government departments, boards and commissions Ontario courts and services, including a section for provincial government ministries, boards and commissions Small claims courts Miscellaneous services for lawyers Visit carswell.com or call 1.800.387.5164 for a 30-day no-risk evaluation canadianlawyermag.com/inhouse February 2014 33 ntitled-3 1 14-01-10 12:21 PM

• Cover