Coalition files complaint against the CHRC, highlights discrimination

The team of organizations includes the Black Class Action Secretariat and the Public Service Alliance of Canada.

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Published Feb 26, 2024 • Last updated 1 hour ago • 5 minute read

Nicholas Marcus Thompson, executive director of the BCAS, talks to the media Monday. Photo by Tony Caldwell /Postmedia

A coalition of non-profits and unions has filed an international complaint against the Canadian Human Rights Commission (CHRC) in an effort to combat systemic discrimination in the federal public service.

The team of organizations includes the Black Class Action Secretariat (BCAS), which is behind the 2020 Black Class Action lawsuit, and the Public Service Alliance of Canada (PSAC).

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It also comprises the National Union of Public and General Employees, the Canadian Black Nurses Alliance, The Enchanté Network, the Red Coalition, the Federation of Black Canadians, the 613-819 Black Hub and the Black Canadians Civil Society Coalition.

“We’re seeking to hold the (CHRC) accountable for human rights violations,” said BCAS executive director Nicholas Marcus Thompson at a press conference Monday. “Make no mistake, our goal is clear: to see the commission not just meet its obligations, but to become a beacon of justice and equality, embodying the principles it’s supposed to champion.”

The CHRC is Canada’s national human rights institution, with a mandate of promoting and protecting human rights. One of its roles is to screen discrimination complaints, deciding whether to send them to the Canadian Human Rights Tribunal.

In March 2023, a ruling by the Treasury Board Secretariat, following grievances submitted by AJC and other bargaining agents, found that the CHRC had discriminated against its Black and racialized employees.

Later that year, in December, a report by the Standing Senate Committee on Human Rights stated that race-based complaints made to the CHRC were “often dismissed at a higher rate than other discrimination complaints.” Looking at CHRC data, the report found that, in 2018, only six per cent of cases based on race, colour or national or ethnic origin were referred to the tribunal.

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“All Black employees want is to show up to work, serve Canadians to the best of their abilities and to be recognized for their efforts, to be promoted to opportunities that they are qualified for; basic human rights, nothing special,” Thompson said.

“We demand accountability”

The coalition is calling for a review of the CHRC’s accreditation status by the Global Alliance of National Human Rights Institutions (GANHRI), the international body that accredits human rights institutions.

“The failure of the commission to meet its mandate not only erodes its own integrity, but also significantly hampers the capacity of the entire public service to combat discrimination effectively,” said Thompson, who said the CHRC’s practices have contravened its mandate, also violating international human rights law and the Paris Principles, which set out standards that national human rights institutions must meet to be considered credible. “This has resulted in discrimination and discriminatory practices within the public service being allowed to go unchecked.”

“Today, we demand accountability.”

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The group’s other demands include amending the Canadian Human Rights Act so complaints go straight to the Canadian Human Rights Tribunal; amending the Employment Equity Act to include Black and other equity-deserving groups as designated groups; appointing a Black Equity Commissioner to oversee and ensure equity across government and the public service and undertaking a leadership review so those who committed discrimination are held accountable.

At the press conference, PSAC national president Chris Aylward said the union urged “immediate reform” to restore the commission’s integrity and efficacy. He said a thorough reassessment of the CHRC’s accreditation was necessary.

“There must be serious reforms at the commission so that it can once again champion human rights without question and embody the principles of diversity and inclusion it is mandated to protect,” Aylward said.

Thompson said there needs to be diverse, representative leadership at the CHRC, adding that the organization has never had a Black leader.

“We’re certainly seeking not an indictment on the present interim chief commissioner, but we need to have permanent leadership at that senior level of the commission, even at the executive director level we need changes,” Thompson said.

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CHRC “confident” it’s operating in full compliance with international principles

In an emailed statement, Charlotte-Anne Malischewski, interim chief commissioner at the CHRC, said the organization was in the process of reviewing the coalition’s complaint, noting that it recently underwent a periodic reaccreditation of its status in 2023, with GANHRI confirming the commission was operating in full compliance with the Paris Principles, based on its work between 2016 and 2022.

“We are confident that we continue to operate in full compliance and look forward to providing GANHRI with all the information it requires,” Malischewski said.

Malischewski said the commission was supportive of the coalition’s calls on the government to modernize the Canadian Human Rights Act and create a Black equity commissioner, adding that it looked forward to continuing to support the development of a “renewed” Employment Equity Act.

“While we are limited by ongoing mediation and active litigation, we have been and remain open to dialogue on these matters where possible,” Malischewski said. “Out of respect for ongoing conversations, we will not comment any further.”

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Last week, Treasury Board president Anita Anand announced the first initiatives of the government’s “Action Plan” for Black public servants, committing almost $14 million in funding to three federal organizations for mental health and leadership programs.

Thompson raised concern that employee networks and unions weren’t consulted about one aspect of the plan, which will provide Health Canada with almost $6 million for its Employee Assistance Program. BCAS stated in a news release last week that the funding was “insufficient.”

In a statement, Anand said the initiatives announced last week were informed by suggestions heard from Black public servants over the last few years, including through previous consultations. She said the initiatives are “ever evolving,” and their implementation, as well as any others, will be informed by Black employees and networks.

“I have also engaged with Black public servants and networks and will continue our dialogues as they play a key role in the implementation of the Action Plan for Black Public Servants,” Anand said. “I firmly believe in ‘nothing about us without us’ and will continue to work within that principle in mind.”

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As funding continues to be rolled out and the task force behind the plan introduces new programming in future months, Thompson said he hopes to see some money go towards addressing issues at the CHRC.

“I think a big part of addressing discrimination is appropriate resources,” he said. “If the (CHRC) does not have appropriate funding to be able to properly reform and to have the appropriate amount of staff to ensure complaints are heard in a timely manner, the time frame to get a complaint through the commission and to get even an acknowledgment, it’s way too long.”

“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 or any budgetary issues.”

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