Former Montreal Crown prosecutor who filed a reprisal complaint wins partial victory

A former Crown prosecutor who filed a reprisal complaint against the Public Prosecution Service of Canada before the federal Office of the Public Sector Integrity Commissioner partially won his case before the Federal Court of Canada.

In a ruling that brings clarity to the role of the whistleblowing commissioner, the Federal Court held that the Integrity Commissioner does not have the charge to decide people’s credibility nor should he address thorny legal questions. Instead the commissioner’s role lies with determining on an objective basis whether reprisal complaints should be forwarded to the Public Servants Disclosure Protection Tribunal, added the decision in Agnaou c. Procureur générale du Canada 2017 CF 338.

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Montreal tax lawyer fights federal whistleblower watchdog

Yacine Agnaou is one of a handful of Canadian lawyers who took on Quebec tax authorities and plead a case so successfully that now others are trying to follow suit. Last year Agnaou won a precedent-setting ruling that condemned Revenue Quebec to pay nearly $4 million, including a staggering $2 million in punitive damages, to a businessman who was forced to shut down his business after it mishandled his case. Lawyers from different firms, evidently emboldened, are now working together to plead a case before the Quebec Court of Appeal to stop Revenue Quebec’s controversial policy of holding companies liable for the tax delinquencies of its suppliers.

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