Have you been summoned as a witness for 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 being a witness means
You may be summoned as a witness in order to:
- Relate the events of which you had personal knowledge or in your capacity as an expert;
- Provide a document or any other piece of evidence.
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 are legally obliged to cooperate in the investigation. You must appear before the investigator, 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
As a witness, you cannot be accompanied during the interview.
During the meeting, you must identify yourself by means of an ID card with a photo and you must sign a confidentiality agreement. You must also solemnly declare that you are being truthful. The average length of the meeting varies depending on the case and is discussed beforehand by the investigator and you.
The interview is recorded. However, you do not have access to this recording and you are not permitted to record the interview yourself. You can take notes during the interview, but they will be destroyed after the meeting.
5. GIVING your testimony
During the meeting, you must disclose any information related to the investigation and answer all the investigator’s questions. You can send any information, including documents, to support your testimony.
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.
6. BEING PROTECTED against reprisal
Legally, seeking reprisal against you for cooperating in one of our public integrity investigations is prohibited. Threatening you in order to prevent you from providing your version of the events is also prohibited.
If you feel that you have suffered reprisal, contact the Protecteur du citoyen as soon as you realize that the situation poses a risk. We will refer you to the appropriate resource.
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.
7. PUBLICLY DISCLOSING an imminent danger for a person or for the environment
Do you believe that a wrongdoing, which has been committed or is about to be, threatens a person’s health and security or that of the environment? You can disclose it publicly or in the media. In such circumstances, you are protected against reprisal if:
- The situation is so urgent that you do not have time to contact the Protecteur du citoyen or the disclosure officer. Please note: recourse through the disclosure officer is available only to the staff of Québec government departments and agencies.
- You have first reported the information to a police force or the Anti-Corruption Commissioner.
- Communication of this information does not jeopardize intervention measures to counter the imminent risk identified. In failing to comply with these conditions, any public communication forfeits your right to protection against reprisal.
8. HAVING THE RIGHT to legal assistance, under certain conditions
As a witness, 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.
