‘Strong suspicion of bad faith’: Interpreters still fighting for lost wages after government breached contract

2 weeks ago 8

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“Some of them were actually complaining that they were getting so much work that they didn’t have a single day off,” she said.

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So, she wrote to the bureau, seeking an explanation.

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After hearing nothing for weeks, one of the four complainants followed up on May 12, according to the ombud. In June, another followed up again.

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They were met with silence until June 17, when PSPC promised individual answers to all the interpreters.

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“It took a very, very long time,” Cousineau said. “It took about three months before we got a letter back from the government saying, ‘Yeah, you’re right. We haven’t been following the rules.’”

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According to the ombud reports, PSPC admitted it “did not fully” respect the contract between Feb. 1 and April 28, 2025, saying the breach was due to a “misunderstanding” of one clause as well as “internal miscommunication.”

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In a Feb. 24 response to the reports, PSPC said it “promptly conducted an internal review” after receiving the initial letter in April.

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“Additional steps have already been taken to ensure compliance with contract clauses, such as centralizing the work attribution function under a single authority to ensure better oversight,” the statement read.

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The interpreters were unconvinced.

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“The pattern of conduct in the administration of this contract — as evidenced in this sworn statement — leaves no doubt: the violation was not accidental, but the product of intent to deceive, bad faith, and knowing and intentional wrongdoing — a deliberate course of action carried out in secrecy,” one wrote in their complaint.

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In each case, the ombud found the department had violated the contract. Although the ombud suspected bad faith, the office didn’t have enough evidence to establish intent.

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The ombud recommended PSPC reach an agreement within 60 days to pay damages to the interpreters.

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Nearly 200 days later, Cousineau said she and the other interpreters have yet to reach a deal, despite lawyering up.

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The problem, she said, is that only the department knows how much money the interpreters would have received had the department followed the rules — and it isn’t willing to share that information.

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“The process has been long and painful,” she said.

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PSPC spokesperson Mario Morneau said in an email that the department could not provide further details, citing ongoing negotiations.

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In the coming months, Cousineau said the cases will move into arbitration-mediation, but she isn’t holding out much hope for a positive result.

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Lowest-bid system is the new standard

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Christine Pellerin, a freelance interpreter and member of the Canadian section of the International Association of Conference Interpreters, said evidence in the ombud reports “was overwhelmingly damning.”

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“I think that the ombud provided a report that went as far as they could because a claim of bad faith is kind of nuclear in government circles,” she said.

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Pellerin said the reports dropped shortly after the federal government finalized new procurement rules for freelance interpreters, which make a “lowest-bid system” the new standard.

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The association has derided the rules, saying they will result in worse working conditions and lower wages.

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“Parliament can’t get enough interpreters, but they’re not creating procurement tools that allow for the industry to sustain itself,” she said.

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