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48 M a y 2 0 1 4 w w w . C A N A D I A N L a w y e r m a g . c o m provide an opportunity to a complainant to provide new representations when we are about to make a decision that will be adverse to their interest. That's a brand new procedural step not covered by the statute." Some of the problems facing the act and the office could be resolved by conducting an in-depth review, notes Paul Thomas, a professor emeritus at the University of Manitoba. Under the act, the president of the Treasury Board is supposed to review the legislation, its administration, and operation five years after it came into force. It has not, and Dion admits he has no idea when a review will take place. "What usu- ally happens is that whistleblower laws are adopted in the aftermath or in the midst of a crisis or scandal and they are rushed into place without all the in-depth consid- eration you might like," observes Thomas. "We need to realize that we have to evalu- ate them systematically and take stock of how well they are working." As it stands, however, most whistleblow- ers who are subjected to reprisals end up filing a grievance against their employer before the Public Service Labour Relations Board, an independent quasi-judicial tribu- nal responsible for administering the col- lective bargaining and grievance systems in the federal public service. Adjudicators tend to conservatively follow the guidance meted out in the 1985 Supreme Court of Canada landmark ruling in Fraser v. P.S.S.R.B., says Yazbeck. The top court held in some cir- cumstances a public servant may "actively and publicly express" opposition to the poli- cies of a government, particularly if the gov- ernment was engaged in illegal acts or if its policies jeopardized the life, health, or safety of the public servant or others. Adjudica- tors and many courts also rely on another ruling from the SCC, Merk v. International Association of Bridge, Structural, Ornamen- tal and Reinforcing Iron Workers, Local 771, "if you are going to get the allegations of wrongdoing properly investigated and protect the whistleblower you need really strong well-designed laws and an effective administration, and even then it's never going to be easy to be a whistleblower. but these laws are riddled with loopholes, like Swiss cheese." — DAvID HuttoN, fAIR lEgal rEport/lAbouR & EmploymEnt MORE THAN 6,145 CASES CITED Canadian Employment Law is a one-stop reference that provides a thorough survey of the law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Canadian Employment Law has been cited by the Supreme Court of Canada, in superior courts in every province in Canada and is used in law schools throughout Canada. CANADIAN EMPLOYMENT LAW STACEY REGINALD BALL CANADA LAW BOOK ® ORDER# 804218-62303 $398 2 volume looseleaf Anticipated upkeep cost - $291 per supplement 3-5 supplements per year Supplements invoiced separately 978-0-88804-218-3 AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. ntitled-3 1 7/13/11 4:01:40 PM 82 Scollard Street, Toronto, Canada, M5R 1G2 Contact Stacey Ball at (416) 921-7997 ext. 225 or srball@82scollard.com web: www.staceyball.com Ball Professional Corporation Excellence in Employment & Labour Law • Counsel in Leading Cases • • Author of Leading Treatise • Wrongful Dismissal Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Disability Referrals on behalf of employees and employers respected all_CL_Mar_12.indd 1 12-03-13 2:27 PM

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