Coalition files systemic discrimination complaint against CHRC

CHRC claims it operates within international human rights group's rules

Coalition files systemic discrimination complaint against CHRC

A coalition of Canadian human rights groups and unions has filed a systemic discrimination complaint against the Canadian Human Rights Commission (CHRC).

The complaint is rooted in the agency’s “failure to comply with the Paris Principles and violations of international human rights law,” said the coalition. 

The 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).

"The Canadian Human Rights Commission’s failure to combat systemic racism within its own ranks strikes at the heart of justice for workers,” said Chris Aylward, national president of the Public Service Alliance of Canada (PSAC). “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 complaint comes nearly a year after the Treasury Board Secretariat (TBS), in a decision regarding CHRC, found that discrimination and systemic racism occurred within the organization. TBS invited the parties involved to engage in mediation to seek a meaningful resolution.

The coalition filed for a special review of the CHRC’s accreditation status with the Global Alliance of National Human Rights Institutions (GANHRI), saying that there is “urgent need for reform to ensure the CHRC can effectively protect individuals from discrimination”.

Call on Ottawa to make human rights changes

The coalition is also calling on the federal government to:

  • 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.

“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,” said Hodan Ahmed, Senior UN Fellow and Lead for the BCCSC. 

“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."

CHRC operates ‘in full compliance’ with GANHRI

Meanwhile, CHRC claims that it is abiding by international regulations in its operations.

“We are confident that we continue to operate in full compliance and look forward to providing GANHRI with all the information it requires,” said Charlotte-Anne Malischewski, interim chief commissioner at the CHRC, in an emailed statement to Ottawa Citizen.

She also noted that the CHRC recently underwent a periodic reaccreditation of its status in 2023, and GANHRI confirmed that the commission was operating in full compliance with the Paris Principles, based on its work between 2016 and 2022, according to the report.

Meanwhile, the commission supports the coalition’s call for the federal government to modernize the Canadian Human Rights Act and create a Black equity commissioner, said Malischewski. CHRC also looked forward to continuing to support the development of a “renewed” Employment Equity Act.

Following TBS’s findings that racism is rampant within the commission in 2023, CHRC reassigned staffers behind anti-Black racism at the commission from their previous posts – although they still had their jobs.

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