Two Health Canada scientists reprimanded by the department for making public their concerns about the approval process for dairy growth hormone drugs have won a court case against the government.
A Federal Court judge said last week Margaret Haydon and Shiv Chopra should not have been disciplined because they spoke publicly about what they saw as unjustified pressure from Monsanto, manufacturer of bovine somatotropin, to speed up approval of the drug.
The company had been frustrated that departmental scientists were taking too long to approve the product, which had been approved for sale in the United States in 1993. Instead, veterinary drugs bureau scientists like Haydon and Chopra were raising new questions about long-term BST impacts on human and animal health.
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In January 1999, the department finally rejected the drug because of evidence it could cause health problems for the dairy cows.
The two scientists were among a group told to keep their concerns to themselves. They grieved through their union and Health Canada management rejected the grievance.
They went to court, arguing that the “gag order” violated their constitutional free speech rights.
Last week, the court agreed, arguing that government employees have the right to speak out if they see a public safety problem.
The court told department officials to reconsider the grievance since “the common law of duty does not impose unquestioning silence.”
Groups that supported the scientists, including the National Farmers Union, the Professional Institute of the Public Service of Canada, the Council of Canadians and the Sierra Legal Defence Fund, hailed the ruling as a victory for whistle blowing civil servants who speak out to protect the public.
Peter Dowling, NFU Ontario co-ordinator, said it was important that the issue was food safety.
“The government has cut funding to food inspection labs, weakened drug testing and partially turned food inspection over to the private sector,” he said in a news release.
“Scientists and others have told the government that its actions endanger public safety. This ruling recognizes that.”
Jennifer Storey, of the Council of Canadians, said the decision helps protect Canadian health and food safety.
“The federal government has lost its bid to silence its employees from speaking about profound flaws in the regulatory system.”
