Counsel also pointed me to several decisions that have explored the obligations of a public servant in the context of the so-called "whistleblower defence." In Fraser v. Canada (Public Service Staff Relations Board), 1985 CanLII 14 (SCC), [1985] 2 S.C.R. 455, Dickson C.J.C. put forward the following proposition, at para. 41, contemplating that there may be circumstances in which it is appropriate for a public servant to be critical of the government: . . . And indeed, in some circumstances, a public servant may actively and publicly express opposition to the policies of a government. This would be appropriate if, for example, the Government were engaged in illegal acts, or if its policies jeopardized the life, health or safety of the public servant or others, or if the public servant's criticism had no impact on his or her ability to perform effectively the duties of a public servant or on the public perception of that ability. But, having stated these qualifications (and there may be others), it is my view that a public servant must not engage, as the appellant did in the present case, in sustained and highly visible attacks on Government policies. . . .
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