Whistleblowing (Lesson 4.4)

Question 1

Is whistleblowing a legal or ethical recourse?

Answer 1

It is primarily an ethical recourse — there is no specific legal obligation under the Civil Code of Quebec to whistle blow.

Question 2

What are the two stages of whistleblowing?

Answer 2

Internal whistleblowing – Reporting misconduct to a supervisor or within the company.

External whistleblowing – Reporting the issue to public authorities or government agencies.

Question 3

Why can whistleblowing conflict with the fiduciary duty of an employee?

Answer 3

Because external whistleblowing may involve revealing confidential information, which violates the duty to act in the employer’s best interest.

Question 4

What legal protection does Article 1472 CCQ provide to whistleblowers?

Answer 4

If an employee reveals confidential information in good faith to protect public health or safety, the employer cannot sue for moral or material damages.

Question 5

Does Article 1472 make whistleblowing mandatory?

Answer 5

No — it protects the employee from damages, but it does not require them to whistle blow.

Question 6

What is the likely workplace impact of being a whistleblower?

Answer 6

The whistleblower may face distrust or resentment from colleagues and management, and may fear retaliation or job loss within the organization.