Salgo: Federal public servants aren’t really politically neutral, are they?

In a rare instance, federal scientist Tony Turner was suspended over the protest song “Harperman,” criticizing then-prime minister Stephen Harper. Photo by Julie Oliver /Ottawa CitizenArticle content

Recently, I wrote about Donald Trump’s quest to install more party loyalists in the U.S. civil service and whether something similar could happen here. Afterwards, I heard back from several quarters that Canada’s public service is already politicized — either because government unions openly support particular parties, or because many federal bureaucrats are reputedly more sympathetic to one governing party than another. (If you’re having trouble guessing which one, consider the hero’s welcome Justin Trudeau received from jubilant bureaucrats as he entered the Pearson building shortly after taking office in 2015.)

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Following this argument, the public service is inevitably political and should be run accordingly. But this would be a big mistake. With an election approaching, let’s examine the reality.

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There are two different kinds of supposed politicization here. One is overt political activity, such as campaigning in an election. The other is maintaining private political beliefs in favour of one party over another. It turns out neither is prohibited under law or government policy because neither necessarily compromises public service impartiality.

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Direct political activity is actually the more straightforward of the two challenges. The Supreme Court of Canada ruled decades ago that public servants are entitled under the Charter of Rights and Freedoms to engage in political activity so long as it doesn’t impair or appear to impair their ability to perform their duties in a politically impartial manner.

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Accordingly, the Public Service Employment Act sets out a spectrum of political activities, from voting to running as a candidate, and whether a public servant can engage in a particular activity depends on the type of work they do and their level of responsibility. There’s no handy table to tell you yea or nay to a particular activity (unless you’re the deputy head of a government organization, in which case you can do nothing but vote) but most public servants are permitted to support the party of their choice on their own time. Anyone uncertain about their own case can seek guidance from the Public Service Commission, whose express permission is needed to run as a candidate.

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So, lawn signs during elections are (mostly) OK. But what about the personal leanings that bureaucrats might bring to the advice they give government? And how are new ministers supposed to trust officials who’ve been cosily serving another party for a decade or more?

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All governments need continuity

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The stark reality is that a modern government can’t operate effectively without continuity of personnel. Canada’s system is designed to ensure that officials can serve successive governments of any stripe based on an ethic of working in the public interest. How do we know what’s in the public interest? Fortunately, it’s got nothing to do with a bureaucrat’s personal views.

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First, public interest means you don’t advise or act according to your private interests, including the interests of those near and dear to you.

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Second, acting in the public interest means providing your best professional advice. Whatever expertise you have – legal, economic, program management – must be applied as openly and objectively as possible, as it would be with any other professional. If a doctor can do it, a technocrat can too.