5/5 In this case, the public has a right to know if their hospitals are being properly managed. NDAs prevent this. On the other hand, sometimes it's the only way out for individuals fighting powerful organizations. There needs to be a better way

4/5 Thus, settlements and the NDAs that came with them generally help organizations more than the "victim" - the whistleblower in this case. In addition, the public never learns of a matter in which they have an interest

3/5 Organizations, on the other hand, will generally only settle when they are concerned about losing in court. That carries financial and reputational costs

2/5 Whistleblowers may only settle because they're at the end of their own resources - not because they think they got an offer that compensates them appropriately

3/3 What I found most troubling was the inconsistent reasoning of several judges. My reading of the case led me to conclude that they did not like him and were willing to use tortured reasoning to justify what seem to have been predetermined decisions

2/3 Besides contributing to theory about responses to #whistleblowing, the case is a troubling one on a practical level. If such a sophisticated and persistent whistleblower cannot succeed, who could?

6/6 Notably, the #Ontario Securities Commission also has a reward program for #whistleblowing in the financial sector. Though not as well known as the programs in the US, awards are accumulating
www.osc.ca/en/enforceme...

5/6 The case is discussed during an online panel held by the Toronto Metropolitan University Centre for Free Expression, as well as another. It's a long video, but the relevant bit starts precisely at the 42 minute mark
cfe.torontomu.ca/events/there...

4/6 The employer also tried to countersue for defamation, but it was thrown out. This is a great victory, but this course of action is not available to every whistleblower. Going to court requires deep pockets and persistence. This is why robust legal protections are necessary

3/6 In this case, the judge flatly rejected the excuse made by the employer, which claimed that there were other legitimate business reasons. She also called the employer's witnesses unreliable, with their evidence "flatly contradicted by contemporaneous documents"

2/6 Most whistleblower protections in Canada and its provinces are only applicable to the public sector. There are brief protection clauses in some laws, such as in the realms of privacy, the environment, and long-term care. These are generally unenforced and ignored by industry

4/4 To make matters worse, there is an ongoing investigation by the Auditor General - and a lawsuit by the fired former head of AHS, Athana Mentzelopoulos. Either of these could uncover misconduct that Wyant could not. If so, the premier will have done herself more harm than good

3/4 Fortunately for Albertans, Judge Raymond Wyant was honest about the limitations of his findings. Unfortunately for Premier Smith, this is unlikely to accomplish the presumed intended goals of the investigation: rebuilding confidence and dispelling public concerns.

2/4 The investigation was hamstrung from the beginning, lacking full powers to compel the production of evidence and testimony, and had to deal with document dumps and refusals to cooperate