Handling reprisal complaints

The Protecteur du citoyen handles reprisal or threat of reprisal complaints under the Act respecting protection against reprisals related to the disclosure of wrongdoings.

We will keep you informed at every stage of your complaint.

Admissibility

As soon as we receive your complaint, we analyze it to determine whether we are empowered to process it. If the retaliation you have suffered does not fall within our jurisdiction, we cannot accept your complaint. We then refer you promptly to the appropriate recourse or, with your consent, transfer your complaint to the appropriate recourse.

Mediation

If we have jurisdiction to handle your complaint, we offer you a free mediation service to try to resolve the situation as quickly as possible. You can refuse mediation. If you agree and the person who allegedly committed reprisal agrees, the Protecteur du citoyen appoints a mediator. At the end of mediation, the parties may consent to a settlement agreement, and handling of the complaint will cease.

If no settlement is reached or mediation is refused, you have two options: legal representation or an administrative investigation.

Legal representation

We offer you legal representation free of charge if no settlement is reached or if mediation is refused. A Protecteur du citoyen attorney is assigned to your case and, with your consent, can represent you in court. In the case of employment-related reprisal complaints, the attorney can accompany you in all your proceedings before the Tribunal administratif du Travail. You may also decide to be represented by a lawyer of your choice, at your own expense. When this happens, your complaint will no longer be handled by the Protecteur du citoyen.

Administrative investigation

If mediation fails or is refused, and if no legal recourse is taken, the administrative investigation enables us to determine whether reprisal has occurred.

• We collect the relevant information from the persons concerned: the complainant, the person who allegedly carried out reprisal, witnesses, etc. We must reveal the complainant’s identity to the public body or the alleged perpetrator of reprisal. 
• At the end of the investigation, we report our findings to the highest authority in the public body concerned. If the circumstances warrant it, we refer the matter to the minister responsible for the public body.
• If we see that reprisal occurred, we make recommendations so that the situation can be corrected. We monitor their implementation closely.
• If we consider implementation unsatisfactory, we notify the minister responsible for the body concerned. If necessary, we may report the situation in our annual report or in a special report tabled in the National Assembly.

Criminal investigation

We may decide to conduct a criminal investigation at the same time. The criminal investigation allows us to determine whether the reprisal complaint involves a criminal offence. If we have reasonable grounds to believe that an offence has been committed, we transfer the file to the Director of Criminal and Penal Prosecutions, who will decide whether to lay charges.

The Protecteur du citoyen has the same powers as the commissioners appointed under the Act respecting public inquiry commissions, except the power to impose imprisonment. This means it can demand that documents be provided and summon anyone who has information needed for the investigation.  Public bodies must cooperate throughout the investigation, give us access to all documents and answer all our questions.