B.C. Ombudsperson Jay Chalke. (Tom Fletcher/Black Press)

Whistleblower law protects public employees, B.C. Ombudsperson says

Fired health researchers case prompts new protection for reporting

B.C.’s new law protecting public employees who report concerns of wrongdoing is in place, giving Ombudsperson Jay Chalke a mandate to conduct “whistleblowing” investigations.

The Public Interest Disclosure Act, in effect Dec. 1, is for situations where employees don’t want to report their concerns internally to their employers, Chalke said Sunday. The B.C. Ombudsperson office can now handle complaints, and determine if employees have experienced reprisals for raising concerns.

“Having a legal framework that allows public employees to speak up about wrongdoing helps ensure accountability, transparency and integrity in government,”Chalke said. “I am confident that with the expertise of the investigative staff and policies that are in place at my office, both disclosers and those who have allegations made against them will be treated fairly.”

Chalke told the B.C. legislature finance committee in October he expects an increased workload, particularly since the public learned of ongoing investigations into travel and other spending by now-retired senior legislature administrators Craig James and Gary Lenz.

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The new law grew out of a 2012 case where eight contracted health researchers were fired over allegations that they had misused provincial medical data in assessing drugs for coverage by B.C.’s Pharmacare program. The allegations of conflict of interest were eventually dropped, and the fired researchers were paid settlements and reinstated. One researcher, a graduate student at UBC, committed suicide after being removed from the drug assessment project.

In 2014, an independent investigation by labour lawyer Marcia McNeil could not determine who made key decisions and why. McNeil said restricted terms and a lack of documents showing the sequence of decisions left her unable to determine accountability.

In 2015, former health minister Terry Lake asked Chalke, a former assistant deputy minister of justice, to lead a full-scale review that led to the new legislation.


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