TORONTO — A Quebec human rights tribunal has dismissed a discrimination complaint against a conservation organization that restricted a job posting to non-white applicants, ruling the program fell within permitted affirmative action measures under provincial law.The decision centres on a 2021 hiring process by QuébecOiseaux, a bird conservation non-profit, which declined to consider white applicants for a temporary position tied to an environmental project.The role was funded through a federal wage subsidy program administered by Parks Canada under the Youth Employment and Skills Strategy. The funding was distributed through Nature Canada, which partnered with smaller organizations including QuébecOiseaux.Parks Canada required that at least 40 per cent of funded positions be filled by individuals from designated groups, including racialized persons, Indigenous people, immigrants, persons with disabilities, sexual minority individuals and others facing barriers to employment. Nature Canada applied more restrictive criteria in allocating funds, limiting eligibility in some cases to applicants identifying as non-white.According to the tribunal’s findings, hundreds of youth were hired through the broader program, including individuals identified as indigenous and others from racialized backgrounds. Some positions were ultimately filled by applicants outside those categories when organizations reported difficulty finding eligible candidates..A law student filed a complaint with the tribunal after seeing QuébecOiseaux’s job posting, alleging it was discriminatory. However, the tribunal dismissed the complaint, finding the student had not demonstrated a genuine attempt to obtain the position.The adjudicator cited evidence related to the student’s financial situation, education and employment status in concluding she was not actively seeking the job. The decision also noted the student’s prior public opposition to affirmative action policies, characterizing her complaint as primarily ideological.The tribunal further determined that the hiring program qualified as an affirmative action initiative under the Quebec Charter of Human Rights and Freedoms, which permits certain forms of targeted hiring aimed at addressing underrepresentation of specific groups.As a result, the tribunal found that the exclusion of some applicants on the basis of race did not constitute prohibited discrimination under the law.The ruling highlights how human rights legislation in Quebec and across Canada allows for employment equity and affirmative action programs, even when they involve preferential treatment for historically underrepresented groups.
