Public sector unions allege 'systemic racial discrimination' in Canadian Human Rights Commission

Canada's largest public sector union has alleged the Canadian Human Rights Commission is racist and demanded action from an international body and the federal government.The Public Service Alliance of Canada (PSAC), the National Union of Public and General Employees (NUPGE) and other organizations lodged a formal complaint against the Canadian Human Rights Commission (CHRC) on February 26.In a press release, Chris Aylward, National President of the PSAC, said, "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.”The coalition of complainants includes the Black Class Action Secretariat (BCAS), the Canadian Black Nurses Alliance, The Enchanté Network, the Red Coalition, the Federation of Black Canadians, 613-819 Black Hub and the Black Canadians Civil Society Coalition (BCCSC).The complainant is rooted in the CHRC's alleged failure to adhere to the Paris Principles and its violations of international human rights law. The coalition says their action marks a critical step in holding the commission accountable.The coalition's complaint highlights recent findings by the Senate of CHRC 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.The organizations asked the Global Alliance of National Human Rights Institutions to reassess it's "A" accreditation of the CHRC for its adherence to the Paris Principles. They say CHRC practices contravene core international human rights treaties and underscore the CHRC's failure to fulfill its mandate to protect individuals from discrimination.In addition to filing the formal complaint, the coalition has called 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 CHRC 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.Nicholas Marcus Thompson, Executive Director of the BCAS, said the coalition was united in its 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," said Thompson.Hodan Ahmed, Senior UN Fellow and Lead for the BCCSC, revised her focus, said change was imperative, as the UN had declared the 2020's the 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," Ahmed explained."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."The CHRC issued a statement saying it is in the process of reviewing the complaint to the Global Alliance of National Human Rights Institutions (GANHRI)."The Commission underwent a periodic re-accreditation of its status in 2023. The Global Alliance of National Human Rights Institutions (GANHRI) confirmed the Commission operates in full compliance with the Paris Principles, based on a comprehensive review of all of the Commission’s work in promoting and protecting human rights between 2016 and 2022," the statement read."We are confident that we continue to operate in full compliance and look forward to providing GANHRI with all the information it requires."On March 6, 2023, the Treasury Board Secretariat, the employer for the Federal Public Service of Canada, concluded that the CHRC had breached the "No Discrimination" clause of three collective agreements in the public service, particularly Article 36, which mandates a workplace free from discrimination.