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The Canadian public service has a personality

By: Savoie, Donald J.
Material type: materialTypeLabelArticlePublisher: Toronto : IPAC Institute of Public Administration of Canada, 2006Canadian Public Administration 49, 3, p. 261-281Abstract: The notion that the public service has no constitutional personality or persona distinct from the government of the day has been a key part of the bargain guiding the relationship between Parliament, ministers, and public servants in bath Britain and Canada. This paper argues that this view no longer reflects reality. It looks to developments in both countries to justify this contention, maintaining that the claim is even more relevant in Canada than in the United Kingdom. The public service's separate identity can be found in our unwritten, informal constitution. A number of measures introduced in recent years, including access to information and whistleblowing legislation, combined with other developments, such as the role played by the public service in a transition to a new government and a number of judicial decisions, have also given a distinct persona and a constitutional personality to the public service. The implications for the relationship between politicians and public servants and for accountability in government are far-reaching. The challenge now is to put in place measures designed to protect the non-partisan, professional character of the public service
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The notion that the public service has no constitutional personality or persona distinct from the government of the day has been a key part of the bargain guiding the relationship between Parliament, ministers, and public servants in bath Britain and Canada. This paper argues that this view no longer reflects reality. It looks to developments in both countries to justify this contention, maintaining that the claim is even more relevant in Canada than in the United Kingdom. The public service's separate identity can be found in our unwritten, informal constitution. A number of measures introduced in recent years, including access to information and whistleblowing legislation, combined with other developments, such as the role played by the public service in a transition to a new government and a number of judicial decisions, have also given a distinct persona and a constitutional personality to the public service. The implications for the relationship between politicians and public servants and for accountability in government are far-reaching. The challenge now is to put in place measures designed to protect the non-partisan, professional character of the public service

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