Investigation into inappropriate email circulated in 2008 – Summary report

On December 11, 2019, a CBC article reported allegations that in 2008 an email with a link to a Frank Sinatra parody song containing racist and violent lyrics had been sent to some Transport Canada (TC) employees. In the article, a former TC employee raised concerns that:

  • an email, which contained a link to a racist parody version of the ballad Strangers in the Night titled Strangers on my Flight, was sent by a TC employee to at least six coworkers, including two managers in the department; and
  • the email had been brought to senior management's attention over the years at staff meetings and retreats.

Immediately following the publication of the CBC article, the Deputy Minister instructed the Department's Acting Senior Integrity Officer to investigate:

  1. the origin and breadth of circulation of the email; and
  2. when management – including senior management – was informed, and if they were informed, when and what action, if any, was taken.

On this page

Approach

The investigation covered the period from when the alleged emails were sent in 2008 to the time the investigation was launched in December 2019. It involved:

  1. Conducting a comprehensive search of TC's email system and its official document repository system to confirm if the email with the link to the Frank Sinatra parody existed, namely:
    1. where it originated from within TC; and
    2. to whom it was sent within the department.
  2. Interviewing over thirty current and former employees and managers – including union representatives – who were either allegedly aware of, or could have been aware of, the email or had concerns about the email.
  3. Reviewing documentation such as meeting agendas, minutes, and records of decision to establish if and when the allegations were brought to the attention of management.

Context: The workplace environment

In investigating the allegations, an important point of context is the workplace environment in the Aviation Security Office at the Pearson International Airport (PIA) in 2008, at the time of the allegation. Interviews with employees and managers, as well as reviews of past investigations indicate that the workplace at the time was adversely affected by significant interpersonal conflicts and problems.

In this office of roughly 25 Aviation Security staff, a number of complaints and grievances were launched by some employees, many of them targeting each other. Previous departmental investigations and reviews illustrate a history of challenging workplace issues at the PIA office. In this investigation, interviews of staff who worked there in 2008 described the PIA office at the time as being a dysfunctional work environment with workplace cliques where a few individuals created a climate of intimidation, fear and dissension among coworkers.

The records show that the reported incidents were documented and addressed by management.  Several informal conflict resolution initiatives and formal complaint and grievance processes were carried out over several years. Organizational reviews, all-staff events, and group training are some examples of the actions taken by management to try to resolve the problems and improve the workplace environment.  In addition, management took significant corrective action to address the most serious problems, including disciplinary measures, reassigning employees, and in one case, negotiating the separation of an individual from the public service.

In the course of the investigation, Aviation Security PIA office staff described the current workplace environment as much improved from the problematic situation that existed in 2008. This view is supported by data in the Public Service Employee Survey, showing a significant improvement in the workplace indicators for the Ontario Region-Aviation Security organization.

Findings and conclusions

The first objective of the investigation was to determine the origin and breadth of circulation of the email that included a link to an inappropriate parody of a Frank Sinatra song, which was allegedly sent by a TC employee in 2008. We found that:

  • Between 2006 and 2010, six employees who still work at TC sent emails containing a link to a racist parody of a Frank Sinatra song through the TC network. In doing so, they breached the Values and Ethics Code for the Public Service (version in force from 2003 to 2011), and they violated the TC Policy on the Use of Electronic Networks (in force from 1998 to 2013) as the email was shared through the TC network, which corresponds to an unacceptable use of Government of Canada electronic networks and devices.

The second objective was to determine whether management, including senior management, was informed, took action and, if so, what action was taken in response to the email in question. We found that:

  • Prior to March 2017, no evidence could be found in the interviews or records that any concerns about the email were ever raised with management. The statement that a former TC employee "spent years bringing the email to senior management's attention at staff meetings and retreats" could not be substantiated.
  • In 2017, TC's Integrity Office was carrying out a broad investigation of the PIA workplace, as part of management's ongoing efforts to resolve the workplace problems.  During the investigation, a hard copy of the email cited in the December 2019 CBC article was provided to the Integrity Office by an employee, as one of a large number of allegations being made back and forth among employees. No allegation was made that the email had been raised earlier. Given the large number of conflicting allegations being made, and the extensive corrective management actions that were underway, no additional action with respect to the email was taken.
  • In late 2018, another hard copy of the same email was provided to Transport Canada by an outside party, and the concern raised was that the person who allegedly sent it had direct influence over the Canadian Passenger Protect Program list (the Canadian "no-fly list"). There was no allegation made that concerns with the email had been previously raised with TC management and that no action had been taken. The Integrity Office carried out a brief review, and concluded that the alleged sender had no direct or indirect influence over the oversight of the program, which is managed by Public Safety Canada, not TC.
  • In December 2019, when new allegations were made that concerns with the email had been raised with management over the years and no action had been taken, the Deputy Minister immediately requested this investigation. In retrospect, the email could have been investigated more thoroughly when raised in 2017 or late 2018.

Recommendation

It is recommended that the Deputy Minister take appropriate and sufficient action to address these findings, and reinforce that the Department does not tolerate any discriminatory behaviour in the workplace.