You think you have been threatened or harmed as a result of disclosing or communicating information relating to a wrongdoing? You can file a complaint with the Protecteur du citoyen. The law protects you from reprisals when you report a wrongdoing committed or about to be committed in relation to a public body.
The Act to facilitate the disclosure of wrongdoings relating to public bodies protects you under certain conditions. The reprisals you have suffered must be related to one of the grounds listed in the Act. For example, you will be protected if you address your disclosure to the Protecteur du citoyen, the Commission municipale du Québec or your manager. You will also be protected if you take part in one of their investigations.
When the Protecteur du citoyen receives your reprisal complaint, we will inform you of the various options available to you, judicial or otherwise, during an exploratory meeting. We will also contact the person alleged to have committed the reprisals.
Mediation, with your consent
While your complaint is being processed, you can request free mediation services. The aim of mediation is to quickly resolve the situation you are experiencing through dialogue. The process is as follows:
- An optional meeting is scheduled with each of the parties to discuss the various stages of the process. This is the time to ask any questions you may have to help you prepare for mediation.
- Then, mediation begins between the parties and the mediator appointed by the Protecteur du citoyen. The mediator acts impartially, neutrally and independently. Negotiations generally take one or two sessions, but the process can be extended if necessary.
- If an agreement is reached by the end of the mediation process, an out-of-court settlement agreement is signed. If this agreement is validated by the court, it has the “force of law,” i.e., it is equivalent to a judgment.
Other recourses
In the absence of a settlement or if mediation is refused, you can opt for:
- The Protecteur du citoyen’s legal representation services, free of charge. We can represent you in court, particularly the Tribunal administratif du travail (TAT) if your complaint concerns labour relations.
- An administrative investigation by the Protecteur du citoyen. The aim is to determine whether you suffered any reprisals or threats. If we find that reprisals have been committed, we make recommendations to the organization concerned to remedy the situation.
The Protecteur du citoyen can also conduct a criminal investigation. This alternative approach determines whether a criminal offence has been committed in relation to your reprisal complaint. If we have reasonable grounds to believe that an offence has been committed, we transfer the case to the Directeur des poursuites criminelles et pénales, which will decide whether or not to press charges.
In case of doubt
Are you unsure whether the actions taken against you are actually reprisals or threats of reprisals? Are you reluctant to file a reprisal complaint for fear of aggravating the situation? Are you worried that you are not protected by the Act to facilitate the disclosure of wrongdoings relating to public bodies? Contact the Protecteur du citoyen. We will assist you free of charge and in complete confidentiality.
