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 BԪַno discriminationBԪַ clause in its collective agreement with three major public service unions.
BԪַI encourage the parties to engage in mediation to seek a meaningful resolution to the issues outlined in this policy grievance,BԪַ Carole Bidal, an associate assistant deputy minister at the agency, said in her decision.
BԪַAs 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.BԪַ
The Association of Justice Counsel said in a statement that the decision is BԪַan important win,BԪַ 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 BԪַpolicies, procedures, practices and attitudesBԪַ had a negative impact on Black and racialized people and were BԪַbarriers to their advancement, health, safety and overall well-being.BԪַ
In a press release, the lawyers union said it was dissatisfied with the commissionBԪַs response when employees told management about their experiences after the commission made a public statement supporting the Black Lives Matter movement.
BԪַWe attempted to work with the commission to help improve the workplace and help the commission regain the trust of its racialized and Black employees,BԪַ the justice counsel association said in a press release on Thursday.
But the commission responded by BԪַconducting a unilateral, non-inclusive investigative process involving outside parties without fully consulting with employees or their bargaining agents,BԪַ it said.
BԪַRacism has absolutely no place in our institutions,BԪַ Justice Minister David Lametti said in a statement, adding that the information arising out of the grievance is BԪַboth concerning and disappointing, not least because of the institution involved.BԪַ
Lametti noted that the chief commissionerBԪַs position is currently vacant and said BԪַwe are working to appoint new leadership.BԪַ
He said he had a BԪַfrank conversationBԪַ 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.
BԪַAs 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,BԪַ the commission said.
BԪַWe 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.
BԪַWe are committed to ensuring that anti-racism and equity measures continue to promote full participation of our diverse staff.BԪַ
BidalBԪַs decision said that the commission had already taken BԪַproactive steps to address these matters,BԪַ 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 BoardBԪַs decision, it hopes the commissionBԪַs 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.
BԪַIf 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,BԪַ the unionBԪַs press release said.
The union added that following the Treasury Board decision, it is BԪַconsidering its optionsBԪַ in consultation with its members and sister bargaining agents.
The Treasury Board Secretariat said in a statement that it is BԪַcommitted to ensuring access to a robust grievance process that addresses issues as they arise.BԪַ
It said it BԪַremains available, at the request of the parties, to support the parties as they continue to work towards achieving a harassment- and discrimination-free workplace.BԪַ
BԪַMarie-Danielle Smith, The Canadian Press