Groups bring findings of racism at Canadian Human Rights Commission to global body
Alessia Passafiume
The Canadian Press
Feb. 27, 2024
Nicholas Marcus Thompson, executive director of the Black Class Action Secretariat, speaks at a press conference in Ottawa. Feb. 26, 2024. (CTV News)
OTTAWA -
A coalition of federal unions and organizations representing Black workers has filed an international complaint against the Canadian Human Rights Commission.
The nine organizations say the body that handles human-rights complaints against the federal government is violating global law because of its treatment of Black employees.
"The Canadian Human Rights Commission, which should be at the forefront of promoting and protecting human rights, advocating for change as Canada's human-rights protector, has itself been discriminatory," said Nicholas Marcus Thompson, executive director of the Black Class Action Secretariat.
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"Today, we demand accountability."
The groups are requesting that the Global Alliance of National Human Rights Institutions review the commission's accreditation.
They say their effort underlines the urgent need for reform. The alliance is headquartered in Geneva and works closely with the United Nations.
A December Senate report on anti-Black racism in the commission found a "crisis of confidence" in the body and questioned its ability to respond to human-rights complaints in a "fair and equitable manner."
The study was prompted by grievances against the commission about its treatment of Black and racialized employees.
Senators found some employees were harmed by their employer, and the report noted that workplace discrimination can have significant and lasting effects.
"It is never acceptable, yet it is a daily fact of life for many Black and racialized people in Canada," the report said.
Thompson said the coalition, which represents some 700,000 employees, is relying on the commission to "play a role in the fight to dismantle systemic discrimination, not to be the perpetrator in all of this."
The commission said in a statement Monday it is in the process of reviewing the coalition's complaint, but noted it underwent a periodic re-accreditation last year.
It was found to be in "full compliance," based on a "comprehensive review of all of the commission's work in promoting human rights between 2016 and 2022," the statement said.
"We are confident that we continue to operate in full compliance and look forward to providing (the global alliance) with all the information it requires."
The coalition seeking a review of the commission's status includes Thompson's organization, the Public Service Alliance of Canada, the National Union of Public and General Employees, the Canadian Black Nurses Alliance, the Red Coalition, the Federation of Black Canadians, the Black Canadians Civil Society Coalition, 613-809 Black Hub and The Enchante Network.
They want Canada to amend the Canadian Human Rights Act to create a direct access model in which complainants can go directly to the human-rights tribunal rather than through the commission.
They also seek amendments to the Employment Equity Act to include specific mention of Black people.
Labour Minister Seamus O'Regan, who released the Employment Equity Act Review Task Force's final report late last year, said his government would work toward recognizing Black and LGBTQ+ people in two new designated groups under the act.
Legislation to that effect has not yet been tabled.
The coalition also wants to see an appointment for a Black equity commissioner to serve as an independent officer of Parliament and work toward preventing future instances of anti-Black racism and discrimination.
Treasury Board President Anita Anand announced a plan to support Black public servants last week, including with mental-health supports and career development opportunities.
The coalition said it was not consulted on the initiative, and called for that approach to change.
Anand, speaking outside the House of Commons Monday, pushed back on that assertion by saying she and her team consulted with "a number of Black public servants" and were in contact with the task force that recommended changes.
She said the government will continue to engage with communities and stakeholders.
"We have a lot of work to do," she said.
"In terms of building trust with public servants from the Black community, and beyond, who feel that the federal government has not underscored and supported the work that needs to be done to move to a world in a public service where discrimination is not the reality."
This report by The Canadian Press was first published Feb. 26, 2024.
Action needed to end anti-Black racism in public service: advocates
Canadian government announces first step in action plan for Black public servants
"Today, we demand accountability."
The groups are requesting that the Global Alliance of National Human Rights Institutions review the commission's accreditation.
They say their effort underlines the urgent need for reform. The alliance is headquartered in Geneva and works closely with the United Nations.
A December Senate report on anti-Black racism in the commission found a "crisis of confidence" in the body and questioned its ability to respond to human-rights complaints in a "fair and equitable manner."
The study was prompted by grievances against the commission about its treatment of Black and racialized employees.
Senators found some employees were harmed by their employer, and the report noted that workplace discrimination can have significant and lasting effects.
"It is never acceptable, yet it is a daily fact of life for many Black and racialized people in Canada," the report said.
Thompson said the coalition, which represents some 700,000 employees, is relying on the commission to "play a role in the fight to dismantle systemic discrimination, not to be the perpetrator in all of this."
The commission said in a statement Monday it is in the process of reviewing the coalition's complaint, but noted it underwent a periodic re-accreditation last year.
It was found to be in "full compliance," based on a "comprehensive review of all of the commission's work in promoting human rights between 2016 and 2022," the statement said.
"We are confident that we continue to operate in full compliance and look forward to providing (the global alliance) with all the information it requires."
The coalition seeking a review of the commission's status includes Thompson's organization, the Public Service Alliance of Canada, the National Union of Public and General Employees, the Canadian Black Nurses Alliance, the Red Coalition, the Federation of Black Canadians, the Black Canadians Civil Society Coalition, 613-809 Black Hub and The Enchante Network.
They want Canada to amend the Canadian Human Rights Act to create a direct access model in which complainants can go directly to the human-rights tribunal rather than through the commission.
They also seek amendments to the Employment Equity Act to include specific mention of Black people.
Labour Minister Seamus O'Regan, who released the Employment Equity Act Review Task Force's final report late last year, said his government would work toward recognizing Black and LGBTQ+ people in two new designated groups under the act.
Legislation to that effect has not yet been tabled.
The coalition also wants to see an appointment for a Black equity commissioner to serve as an independent officer of Parliament and work toward preventing future instances of anti-Black racism and discrimination.
Treasury Board President Anita Anand announced a plan to support Black public servants last week, including with mental-health supports and career development opportunities.
The coalition said it was not consulted on the initiative, and called for that approach to change.
Anand, speaking outside the House of Commons Monday, pushed back on that assertion by saying she and her team consulted with "a number of Black public servants" and were in contact with the task force that recommended changes.
She said the government will continue to engage with communities and stakeholders.
"We have a lot of work to do," she said.
"In terms of building trust with public servants from the Black community, and beyond, who feel that the federal government has not underscored and supported the work that needs to be done to move to a world in a public service where discrimination is not the reality."
This report by The Canadian Press was first published Feb. 26, 2024.
Groups fighting anti-Black racism file complaint against Canadian Human Rights Commission
Groups say they want Ottawa to appoint a Black equity commissioner as officer of Parliament
Peter Zimonjic · CBC News · Posted: Feb 26, 2024
Nicholas Marcus Thompson, executive director of the Black Class Action Secretariat, outlines steps his group and others want the federal government to take to combat racism in the public service. (CBC)
A coalition of human rights groups advocating for Black and racialized Canadians has lodged a formal complaint against the Canadian Human Rights Commission (CHRC) for discriminating against its own employees.
The coalition also outlined a number of actions Monday it wants the federal government to take to combat what it calls "systemic discrimination within its structures."
"We're relying on the Canadian Human Rights Commission to play a role in the fight to dismantle systemic discrimination, not to be the perpetrator in all of this," Nicholas Marcus Thompson, executive director of the Black Class Action Secretariat (BCAS), said in Ottawa Monday.
The coalition said it has asked the Global Alliance of National Human Rights Institutions (GANHRI) to review the CHRC's accreditation with the group.
GANHRI is an umbrella organization that coordinates policy and action between the United Nations and domestic human rights organizations.
A coalition of human rights groups advocating for Black and racialized Canadians has lodged a formal complaint against the Canadian Human Rights Commission (CHRC) for discriminating against its own employees.
The coalition also outlined a number of actions Monday it wants the federal government to take to combat what it calls "systemic discrimination within its structures."
"We're relying on the Canadian Human Rights Commission to play a role in the fight to dismantle systemic discrimination, not to be the perpetrator in all of this," Nicholas Marcus Thompson, executive director of the Black Class Action Secretariat (BCAS), said in Ottawa Monday.
The coalition said it has asked the Global Alliance of National Human Rights Institutions (GANHRI) to review the CHRC's accreditation with the group.
GANHRI is an umbrella organization that coordinates policy and action between the United Nations and domestic human rights organizations.
The coalition said it wants Canada's human rights body reviewed by GANHRI for violating international human rights law and failing to adhere to the Paris Principles.
Adopted by the UN General Assembly in 1993, the Paris Principles are a set of principles national human rights organizations have to follow to access the United Nations Human Rights Council and other bodies.
The CHRC receives and investigates complaints from federal departments and agencies, Crown corporations and private sector organizations such as banks, airlines and telecommunication companies. It decides which cases will proceed to the Canadian Human Rights Tribunal.
Racism within the CHRC
Last spring, the Canadian government's human resources arm, the Treasury Board of Canada Secretariat (TBCS), reported that the CHRC had discriminated against its own Black and racialized employees.
The TBCS came to that conclusion after nine employees filed a policy grievance through their unions alleging that "Black and racialized employees at the CHRC face systemic anti-Black racism, sexism and systemic discrimination."
"The organizations remain hopeful that this action will lead to significant reforms within the CHRC, ensuring it can effectively safeguard human rights and foster an inclusive society," the coalition said in a statement released Monday.
The coalition said it does not wish to see CHRC's funding cut but wants it to fulfil its role of combating systemic racism.
"We would like to see appropriate funding, and the government not cut funding for the [CHRC] as any type of remedy to address any shortfalls," Thompson said.
President of the Treasury Board Anita Anand announced the first steps of the Liberal government's action plan to support Black public servants last week.
(Adrian Wyld/The Canadian Press)
The coalition is calling on the federal government to amend the Canadian Human Rights Act to allow complaints to go directly to the Canadian Human Rights Tribunal, rather than through the CHRC.
The coalition also wants the CHRC's role changed so that it acts to support people making complaints before the tribunal.
The group said it wants the Employment Equity Act amended "to better reflect intersectionality and to specifically include Black and other equity-deserving groups as designated groups."
The coalition said it also wants the federal government to appoint a Black equity commissioner to serve as an officer of Parliament with powers akin to that of the Auditor General of Canada. The commissioner would be tasked with ensuring equity across "all levels of government and the public service," the coalition said.
The coalition said it also wants public servants found to have committed acts of discrimination to be held accountable for their actions.
Criticism of the federal action plan
Last week, President of the Treasury Board Anita Anand announced the first steps of the Liberal government's action plan to support Black public servants.
It includes boosting the number of Black counsellors providing mental health support to public servants and their family members to 60 across the public service.
Anand also announced the launch of an executive leadership program for Black executives to improve career development services for Black public servants.
The coalition is calling on the federal government to amend the Canadian Human Rights Act to allow complaints to go directly to the Canadian Human Rights Tribunal, rather than through the CHRC.
The coalition also wants the CHRC's role changed so that it acts to support people making complaints before the tribunal.
The group said it wants the Employment Equity Act amended "to better reflect intersectionality and to specifically include Black and other equity-deserving groups as designated groups."
The coalition said it also wants the federal government to appoint a Black equity commissioner to serve as an officer of Parliament with powers akin to that of the Auditor General of Canada. The commissioner would be tasked with ensuring equity across "all levels of government and the public service," the coalition said.
The coalition said it also wants public servants found to have committed acts of discrimination to be held accountable for their actions.
Criticism of the federal action plan
Last week, President of the Treasury Board Anita Anand announced the first steps of the Liberal government's action plan to support Black public servants.
It includes boosting the number of Black counsellors providing mental health support to public servants and their family members to 60 across the public service.
Anand also announced the launch of an executive leadership program for Black executives to improve career development services for Black public servants.
Ottawa backs listing Black and LGBTQ workers under Canada's workplace equity laws
The coalition criticized the move on mental health services, saying it would have preferred for the department to work with Black public servant groups to develop the initiatives.
"Black employee networks within the federal government [as well as unions] were not consulted on that … announcement about the employee assistance program," Thompson said. "We're very, very concerned about that. That approach has to change."
The coalition includes the BCAS, the Canadian Black Nurses Alliance, the Public Service Alliance of Canada, the Red Coalition, the National Union of Public and General Employees, the Federation of Black Canadians and the Black Canadians Civil Society Coalition.
Later Monday, Anand conceded that her government has "a lot of work to do in terms of building trust with public servants from the Black community." She said she did reach out to the community before her announcement last week.
"In advance of that announcement, I and my team engaged in consultations with a number of Black public servants," she said. "Consulting with Black public servants is at the heart of what we are doing as we come forward with supports for Black public servants."
Unified Action Against Systemic Discrimination in the Federal Public Service of Canada
February 26, 2024
In an unprecedented move to address systemic discrimination within the Federal Public Service of Canada, a coalition of leading organizations announced today a formal complaint against the Canadian Human Rights Commission (CHRC). This coalition includes the Black Class Action Secretariat (BCAS), the Public Service Alliance of Canada (PSAC), the National Union of Public and General Employees (NUPGE), the Canadian Black Nurses Alliance (CBNA), The Enchanté Network, the Red Coalition, the Federation of Black Canadians (FBC), 613-819 Black Hub and the Black Canadians Civil Society Coalition (BCCSC), united in their efforts to hold the CHRC accountable for its discriminatory practices.
The complaint, rooted in the CHRC's failure to adhere to the Paris Principles and its violations of international human rights law, marks a critical step in holding the Commission accountable for its discriminatory practices. The organizations have filed for a special review of the CHRC’s accreditation status with the Global Alliance of National Human Rights Institutions (GANHRI), underlining the urgent need for reform to ensure the CHRC can effectively protect individuals from discrimination.
The coalition's complaint highlights recent findings by the Senate of Canada Human Rights Committee and the Treasury Board Secretariat, which uncovered systemic racial discrimination within the CHRC, including higher dismissal rates of race-based complaints and exclusion of Black and racialized employees from promotions. These practices contravene core international human rights treaties and underscore the CHRC's failure to fulfill its mandate.
As the federal watchdog against discrimination, the CHRC's role is instrumental in combating discriminatory practices within Canada. The organizations urges GANHRI to thoroughly review the CHRC’s adherence to the Paris Principles and reassess its 'A' status accreditation.
The organizations remain hopeful that this action will lead to significant reforms within the CHRC, ensuring it can effectively safeguard human rights and foster an inclusive society.
In addition to filing the formal complaint, the coalition jointly calls on the Government of Canada to take significant steps toward rectifying systemic discrimination within its structures:Amend the Canadian Human Rights Act to create a direct access model, allowing complaints to go directly to the Canadian Human Rights Tribunal and repurposing the Canadian Human Rights Commission to support complainants with their matters at the Tribunal.
Amend the Employment Equity Act to better reflect intersectionality and to specifically include Black and other equity-deserving groups as designated groups.
Appoint a Black Equity Commissioner as an independent officer of Parliament to oversee and ensure equity across all levels of government and public service.
Ensure Accountability: Following the findings of discrimination at the Canadian Human Rights Commission by both the Senate Human Rights Committee and the Treasury Board Secretariat, it is imperative that those who committed discrimination be held accountable. This includes a thorough leadership review and necessary changes to prevent future occurrences.
Quotes:
Nicholas Marcus Thompson, Executive Director of the BCAS, stated, "Today, we stand united in our demand for accountability and change. The evidence of systemic discrimination within the CHRC is undeniable and unacceptable. Our action today is about restoring faith in our institutions and ensuring that the CHRC becomes a true champion of equality and human rights for all Canadians."
Chris Aylward, National President of the PSAC, emphasized the importance of this moment, "The Canadian Human Rights Commission’s failure to combat systemic racism within its own ranks strikes at the heart of justice for workers. As representatives of Black federal public service workers, PSAC demands immediate reform to restore the CHRC's integrity and efficacy. It's time for action, not words.”
Hodan Ahmed, Senior UN Fellow and Lead for the BCCSC, revised her focus, stating, " As we navigate through the UN International Decade for People of African Descent, it is imperative that our actions reflect a strong commitment to eradicating all forms of discrimination. The systemic issues within the CHRC not only undermine the values we champion during this decade but also significantly impact the lives of Black Canadians and other marginalized communities. Our call for a review of the CHRC’s accreditation is a step towards ensuring that Canada upholds its obligation and is aligned with its commitments to promote equality."
Media Contacts:
Black Class Action Secretariat info@bcas-srcn.org
Canadian Black Nurses Alliance infocbna@gmail.com
Public Service Alliance of Canada media@psac-afpc.com
Red Coalition info@redcoalition.ca
National Union of Public and General Employees jmaclean@nupge.ca
Federation of Black Canadians info@fbcfcn.ca
Black Canadians Civil Society Coalition contact@bccsc.ca
The coalition criticized the move on mental health services, saying it would have preferred for the department to work with Black public servant groups to develop the initiatives.
"Black employee networks within the federal government [as well as unions] were not consulted on that … announcement about the employee assistance program," Thompson said. "We're very, very concerned about that. That approach has to change."
The coalition includes the BCAS, the Canadian Black Nurses Alliance, the Public Service Alliance of Canada, the Red Coalition, the National Union of Public and General Employees, the Federation of Black Canadians and the Black Canadians Civil Society Coalition.
Later Monday, Anand conceded that her government has "a lot of work to do in terms of building trust with public servants from the Black community." She said she did reach out to the community before her announcement last week.
"In advance of that announcement, I and my team engaged in consultations with a number of Black public servants," she said. "Consulting with Black public servants is at the heart of what we are doing as we come forward with supports for Black public servants."
Unified Action Against Systemic Discrimination in the Federal Public Service of Canada
February 26, 2024
In an unprecedented move to address systemic discrimination within the Federal Public Service of Canada, a coalition of leading organizations announced today a formal complaint against the Canadian Human Rights Commission (CHRC). This coalition includes the Black Class Action Secretariat (BCAS), the Public Service Alliance of Canada (PSAC), the National Union of Public and General Employees (NUPGE), the Canadian Black Nurses Alliance (CBNA), The Enchanté Network, the Red Coalition, the Federation of Black Canadians (FBC), 613-819 Black Hub and the Black Canadians Civil Society Coalition (BCCSC), united in their efforts to hold the CHRC accountable for its discriminatory practices.
The complaint, rooted in the CHRC's failure to adhere to the Paris Principles and its violations of international human rights law, marks a critical step in holding the Commission accountable for its discriminatory practices. The organizations have filed for a special review of the CHRC’s accreditation status with the Global Alliance of National Human Rights Institutions (GANHRI), underlining the urgent need for reform to ensure the CHRC can effectively protect individuals from discrimination.
The coalition's complaint highlights recent findings by the Senate of Canada Human Rights Committee and the Treasury Board Secretariat, which uncovered systemic racial discrimination within the CHRC, including higher dismissal rates of race-based complaints and exclusion of Black and racialized employees from promotions. These practices contravene core international human rights treaties and underscore the CHRC's failure to fulfill its mandate.
As the federal watchdog against discrimination, the CHRC's role is instrumental in combating discriminatory practices within Canada. The organizations urges GANHRI to thoroughly review the CHRC’s adherence to the Paris Principles and reassess its 'A' status accreditation.
The organizations remain hopeful that this action will lead to significant reforms within the CHRC, ensuring it can effectively safeguard human rights and foster an inclusive society.
In addition to filing the formal complaint, the coalition jointly calls on the Government of Canada to take significant steps toward rectifying systemic discrimination within its structures:Amend the Canadian Human Rights Act to create a direct access model, allowing complaints to go directly to the Canadian Human Rights Tribunal and repurposing the Canadian Human Rights Commission to support complainants with their matters at the Tribunal.
Amend the Employment Equity Act to better reflect intersectionality and to specifically include Black and other equity-deserving groups as designated groups.
Appoint a Black Equity Commissioner as an independent officer of Parliament to oversee and ensure equity across all levels of government and public service.
Ensure Accountability: Following the findings of discrimination at the Canadian Human Rights Commission by both the Senate Human Rights Committee and the Treasury Board Secretariat, it is imperative that those who committed discrimination be held accountable. This includes a thorough leadership review and necessary changes to prevent future occurrences.
Quotes:
Nicholas Marcus Thompson, Executive Director of the BCAS, stated, "Today, we stand united in our demand for accountability and change. The evidence of systemic discrimination within the CHRC is undeniable and unacceptable. Our action today is about restoring faith in our institutions and ensuring that the CHRC becomes a true champion of equality and human rights for all Canadians."
Chris Aylward, National President of the PSAC, emphasized the importance of this moment, "The Canadian Human Rights Commission’s failure to combat systemic racism within its own ranks strikes at the heart of justice for workers. As representatives of Black federal public service workers, PSAC demands immediate reform to restore the CHRC's integrity and efficacy. It's time for action, not words.”
Hodan Ahmed, Senior UN Fellow and Lead for the BCCSC, revised her focus, stating, " As we navigate through the UN International Decade for People of African Descent, it is imperative that our actions reflect a strong commitment to eradicating all forms of discrimination. The systemic issues within the CHRC not only undermine the values we champion during this decade but also significantly impact the lives of Black Canadians and other marginalized communities. Our call for a review of the CHRC’s accreditation is a step towards ensuring that Canada upholds its obligation and is aligned with its commitments to promote equality."
Media Contacts:
Black Class Action Secretariat info@bcas-srcn.org
Canadian Black Nurses Alliance infocbna@gmail.com
Public Service Alliance of Canada media@psac-afpc.com
Red Coalition info@redcoalition.ca
National Union of Public and General Employees jmaclean@nupge.ca
Federation of Black Canadians info@fbcfcn.ca
Black Canadians Civil Society Coalition contact@bccsc.ca
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