Have you been named in a public integrity investigation by the Protecteur du citoyen? Here’s what you need to know.
1.KNOWING the Protecteur du citoyen
The Protecteur du citoyen is a neutral and independent ombudsman. We are not under the jurisdiction of the Government of Québec and we report to the National Assembly. See the legislation that governs our action.
In matters of public integrity, we handle:
- Disclosures of wrongdoing involving public bodies;
- Reprisal complaints related to disclosure or cooperation in an investigation.
We act privately and no one but us has access to the documents we obtain in the performance of our duties. At the end of our investigation, we make recommendations and follow up on their implementation closely.
For any questions or if in doubt, feel free to contact us.
2. UNDERSTANDING the process
The first step is for the whistleblower to disclose the wrongdoing to the Protecteur du citoyen. See what is meant by wrongdoing.
If we consider that we can handle the disclosure, we carry out an audit to determine whether there are reasonable grounds to believe that a wrongdoing has occurred or is about to occur. If there are, we investigate in strictest confidence. See the steps in handling a disclosure.
In investigating, the Protecteur du citoyen and its staff have the powers of commissioners of inquiry. We have access to anyone or any information useful for the investigation. Pursuant to this power, we can summon anyone required to testify.
3. KNOWING what it means to be named in an investigation
Being named in the investigation means that you are the person against whom allegations of wrongdoing were made. You have the right to give your version of the events and to provide your observations and any document useful for the investigation.
First, the investigator will contact you verbally about the summons and certain details about how the investigation will be carried out. The investigator will then summon you to appear. The purpose of the investigation and the name and contact information of the investigator are indicated in the summons.
You must appear before the investigator to be heard. You will be required to answer their questions and provide the requested information and documents. Not complying with the summons is a failure for which you may be held accountable. Any person commits an offence if:
- They disclose information that they know to be false or misleading;
- They hinder or try to hinder the Protecteur du citoyen’s action in performing its duties;
- They seek reprisal against a person because of their disclosure, cooperation in an audit or investigation, or threaten to do so;
- They refuse to provide information or a document or make it available, hide it or destroy it.
4. PLANNING for the interview with the Protecteur du citoyen
Before the meeting, you are given a document within enough time to prepare yourself. The document:
- Lays out the allegations and wrongdoings associated with them;
- Briefly presents the information collected from witnesses and from the documentary evidence;
- Lays out the relevant issues for which we want your version;
- Lays out the documents useful for preparing for the interview, if any.
This document does not represent the Protecteur du citoyen’s final position, but rather the evidence gathered up until the preparation of the interview document.
The average length of the meeting is one day. The interview is recorded. You do not have access to this recording and you are not permitted to record the interview yourself. However, you can take notes during the interview and keep them.
5. CHOOSING the right person to accompany you
You can be accompanied by the person of your choice, including a legal adviser. Ensure that the person is not in a conflict of interest (is not involved in the situation that is the subject of the investigation). If we deem that the person cannot meet this requirement, we can refuse their presence. You can then choose to be assisted by someone else.
The person who accompanies you does not represent you. As a result, they cannot intervene with or object to questions by the investigator. However, the person may be granted a period for making comments or asking questions. They cannot accompany anyone else but you as part of the investigation.
At least five days ahead of the meeting, you must give the investigator the person’s name, contact information, and occupation. During the interview, you must also solemnly declare that you are being truthful. Furthermore, the person who accompanies you must:
- Identify yourselves by means of an ID card with a photo;
- Sign a confidentiality agreement.
6. GIVING your version of the events
During the meeting, you have the right to provide your version of the events regarding the allegations concerning you. You can send any information, including documents, to support your version.
The law frees you from the duty to be loyal or from any other confidentiality requirement which, in other cases, could apply. This includes the duty of professional secrecy, except for the secret binding attorneys or notaries to their clients.
Your testimony cannot be used against you in other legal proceedings. The only exception: if you are being charged with perjury or if you have provided contradictory testimony.
7. BEING WARNED against seeking any form of reprisal
Legally, seeking reprisal against anyone for cooperating in one of our public integrity investigations is prohibited.
Threatening a person in order to prevent them from cooperating in an investigation is also prohibited. A natural person who seeks reprisal in this context is liable to a fine ranging from $5,000 to $30,000. Amounts are doubled in the case of repeat offences.
8. HAVING THE RIGHT TO legal assistance, under certain conditions
As an alleged wrongdoer, it is reasonable to want to seek legal advice for a better understanding of the situation. Under certain conditions, you can be granted financial assistance covering the fees for consulting the legal adviser of your choice. Contact us to find out whether you qualify.
9. GRASPING the importance of confidentiality
Our public integrity investigations are conducted in the strictest confidence and we are obliged to preserve it. This concerns:
- The identity of whistleblowers;
- The identity of witnesses who cooperate in an audit or investigation;
- The identity of alleged wrongdoers;
- The information collected during an audit or investigation.
This means that you must not discuss the questions asked or the answers given with:
- Your employer;
- Your colleagues;
- Your family and friends.
- This restriction does not apply to your legal adviser.
You must not try to contact people involved in the investigation or to identify witnesses.
Confidentiality covers the entire investigation and extends beyond it. However, you can inform your employer that you are meeting with the Protecteur du citoyen. A certificate of absence can be provided.
