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Government finds that Canadian Human Rights Commission discriminated against workers

Commission breached 91Ƶno discrimination91Ƶ clause in its collective agreement

A central government agency has found discrimination against workers within a Canadian institution specifically designed to root it out.

The Treasury Board Secretariat found last week that the Canadian Human Rights Commission, whose mandate is to protect the core principle of equal opportunity, discriminated against Black and racialized employees.

A decision dated March 6, obtained by The Canadian Press, says the commission breached the 91Ƶno discrimination91Ƶ clause in its collective agreement with three major public service unions.

91ƵI encourage the parties to engage in mediation to seek a meaningful resolution to the issues outlined in this policy grievance,91Ƶ Carole Bidal, an associate assistant deputy minister at the agency, said in her decision.

91ƵAs federal institutions, we seek to create a workplace that is diverse and inclusive, and where every public servant can make the best possible contribution to serving Canadians.91Ƶ

The Association of Justice Counsel said in a statement that the decision is 91Ƶan important win,91Ƶ and one that will have consequences across the federal public service.

The union, which represents government lawyers, had filed a formal grievance in 2020, in tandem with the Public Service Alliance of Canada and the Canadian Association of Professional Employees.

The grievances alleged that 91Ƶpolicies, procedures, practices and attitudes91Ƶ had a negative impact on Black and racialized people and were 91Ƶbarriers to their advancement, health, safety and overall well-being.91Ƶ

In a press release, the lawyers union said it was dissatisfied with the commission91Ƶs response when employees told management about their experiences after the commission made a public statement supporting the Black Lives Matter movement.

91ƵWe attempted to work with the commission to help improve the workplace and help the commission regain the trust of its racialized and Black employees,91Ƶ the justice counsel association said in a press release on Thursday.

But the commission responded by 91Ƶconducting a unilateral, non-inclusive investigative process involving outside parties without fully consulting with employees or their bargaining agents,91Ƶ it said.

91ƵRacism has absolutely no place in our institutions,91Ƶ Justice Minister David Lametti said in a statement, adding that the information arising out of the grievance is 91Ƶboth concerning and disappointing, not least because of the institution involved.91Ƶ

Lametti noted that the chief commissioner91Ƶs position is currently vacant and said 91Ƶwe are working to appoint new leadership.91Ƶ

He said he had a 91Ƶfrank conversation91Ƶ with the current leadership to discuss the steps the institution is taking to address the issue.

The commission said in an email Thursday night that it has an updated action plan to deal with the effects of societal systemic racism and discrimination as an employer, service provider and regulator, and human rights advocate.

91ƵAs an employer, we are committed to creating an open, healthy, safe and inclusive workplace that has at its core the principles of anti-racism and equity,91Ƶ the commission said.

91ƵWe value and respect the diversity of our commissioners, leadership and staff. We are mindful of the various historic and structural inequities that have created societal barriers for Indigenous, Black and other Racialized people.

91ƵWe are committed to ensuring that anti-racism and equity measures continue to promote full participation of our diverse staff.91Ƶ

Bidal91Ƶs decision said that the commission had already taken 91Ƶproactive steps to address these matters,91Ƶ and had indicated an interest in engaging with bargaining agents and employees to find a solution. It did not detail what steps the commission has taken.

The lawyers union said Thursday that in light of the Treasury Board91Ƶs decision, it hopes the commission91Ƶs leadership will now join the calls for a formal audit. It had written to parliamentarians and the federal auditor general with such a request in 2021.

91ƵIf the CHRC is to maintain the trust and confidence of Canadians to protect them from systemic racism, then it must first look inwards and reform its internal practices,91Ƶ the union91Ƶs press release said.

The union added that following the Treasury Board decision, it is 91Ƶconsidering its options91Ƶ in consultation with its members and sister bargaining agents.

The Treasury Board Secretariat said in a statement that it is 91Ƶcommitted to ensuring access to a robust grievance process that addresses issues as they arise.91Ƶ

It said it 91Ƶremains available, at the request of the parties, to support the parties as they continue to work towards achieving a harassment- and discrimination-free workplace.91Ƶ

91ƵMarie-Danielle Smith, The Canadian Press





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