The government has prohibited its employee, Stephan Fogaing from participating in partisan activities for the Parti Québécois and threatened to terminate his employment. The civil servant was appointed as the PQ’s sectoral spokesperson for Diversity, the Metropolis, and Transport earlier this year, but since then, he has only been handling files that have no connection with his job to avoid any appearance of conflict of interest. Fogaing had obtained approval from his superiors before accepting the voluntary position and is devoting his time to it outside of working hours. He believes that this move by the Ministry of Economy and Energy, where he is an industrial development advisor for the aerospace sector, to suspend him without pay and demand that he relinquish his right to freedom of expression and political involvement, amounts to a severe infringement of his fundamental rights. The PQ, of which Fogaing was a candidate in the previous election, has sought legal advice on the situation, and its leader, Paul St-Pierre Plamondon, suspects political intervention. He fears that it might jeopardize the rights of public sector employees and the broader democratic process if civil servants are silenced from participating in politics.
The government refused to allow one of its employees to play a partisan role for the Parti Québécois and threatened to fire him. Paul St-Pierre Plamondon suspects a “political intervention” and worries regarding the freedom of expression of civil servants.
• Read also: Civil servant and co-spokesperson for the PQ: a political role that raises questions
• Read also: Let’s not confine Quebecers to their skin color
The Ministry of Economy and Energy has suspended without pay, since February 23, its employee Stephan Fogaing, appointed sectoral spokesperson for the PQ for Diversity, the Metropolis and Transport at the start of the year. Since then, to avoid any appearance of conflict of interest, the civil servant has only kept files relating to Diversity and Citizenship, which have no connection with his job. Remember that the Minister of Economy and Energy is also responsible for the Metropolis.
Industrial development adviser for the aerospace sector in the ministry of Pierre Fitzgibbon, Mr. Fogaing had nevertheless obtained a favorable opinion from his superiors before accepting this voluntary position. He devotes himself to it outside his working hours.
“It’s been almost a month since I suffered serious harm, I have come to be suspended without pay with serious threats of dismissal if I do not consent to abdicate my fundamental rights, my freedom of expression and political involvement, […] even if it’s something that is provided for by law,” says the official, who was a PQ candidate in Hochelaga-Maisonneuve in the last election.
Neither the department nor Minister Fitzgibbon’s office provided him with the legal arguments that would allow them to terminate his employment relationship with the public service. A silence, an “omerta” which makes the leader of the PQ fear the worst.
“It looks a lot like a political intervention because it targets the ability of the PQ in its authorities to make room for members of the public service, in compliance with the rules of course”, he underlines.
PSPP asserts that the CAQ has no problem intervening politically in state corporations and in the operation of several Quebec institutions. “Particularly Pierre Fitzgibbon, he’s not embarrassed at that level,” insists the PQ player.
Rights of civil servants
The sovereigntist leader is concerned regarding the consequences of this government posture vis-à-vis the rights of public sector employees. He recalls that the law allows civil servants to be members of a political party, to attend a political meeting, to make a contribution to a political party or to be a candidate in an election. After an electoral defeat, they are reinstated in their jobs. The PQ has also obtained a legal opinion regarding the situation of Stephan Fogaing.
“If we force all civil servants to remain silent from now on, at the discretion of senior civil servants or the will of Mr. Fitzgibbon’s office, we have more important, broader problems that arise at the level of democracy.”
No one wants politics to be reserved only for lawyers or business leaders, adds Stephan Fogaing, who has no intention of giving in to his employer. He feels the cause is bigger than his “little person”.
“I want to assert my right to be able to get involved in politics, to do it well while respecting the law and the regulations and for me, we should value political involvement, especially at a time when we find that it is not not enough people get involved in politics, he says. I have no intention of going to bed over this.”
In the cabinet of Pierre Fitzgibbon, it is specified that the suspension of Stephan Fogaing falls under “the management of the ministry”. At the time of writing these lines, the MEIE had not responded to questions from our Parliamentary Office.
The case of Stephan Fogaing highlights an important issue regarding the freedom of expression of civil servants in Quebec. The government’s refusal to allow Fogaing to play a partisan role for the Parti Québécois, and their subsequent suspension of him without pay, raises concerns regarding political interference and the rights of public sector employees. While the law allows civil servants to be members of political parties and engage in political activities, the government’s actions suggest otherwise. The PQ’s Paul St-Pierre Plamondon worries that this might set a dangerous precedent and limit the ability of civil servants to exercise their political rights. Fogaing, for his part, remains steadfast in his commitment to political involvement, stating that it’s a right that should be valued, especially at a time when few people are getting involved in politics. The outcome of this case might have far-reaching implications for democracy in Quebec.
