Senate report on anti-Black racism in Canada’s human rights watchdog calls for workplace review, Black equity commissioner

The federal government should appoint a Black equity commissioner, modernize human rights and employment equity laws,?and hire an independent expert to review workplace conditions of Black, Indigenous and racialized employees at Canada’s human rights watchdog, a Senate committee said in a report released Monday, December 11, 2023.?

“Everyone who has experienced discrimination deserves a reliable path to justice. Anti-Black racism and other forms of systemic discrimination are unacceptable in any institution. To prevent further harm, the federal government must act quickly to ensure victims of discrimination have access to a human rights system that is fair, effective and timely. The Canadian Human Rights Commission fell short of that standard.”?- Senator Salma Ataullahjan, Chair of the committee?

The report reveals the findings of the?Senate Committee on Human Rights’ study on anti-Black racism, sexism and systemic discrimination in the?Canadian Human Rights Commission?(CHRC). The committee’s study was prompted by a set of grievances filed against the independent commission about its treatment of Black and racialized employees, which raised serious concerns about its decision-making processes when dealing with human rights complaints.?

“Canada’s human rights watchdog discriminated against populations that it’s responsible for protecting. Workplace discrimination can have catastrophic, profound and lasting effects on employees and their families. The appointment of a Black equity commissioner, among other crucial steps, would go a long way toward confronting and eradicating institutional and systemic racism in federal workplaces.”?- Senator Wanda Thomas Bernard, Deputy Chair of the committee

Witnesses described a toxic culture at the commission and provided specific evidence of systemic discrimination. Their testimony, as well as written submissions to the committee, demonstrated a crisis of confidence in the federal human rights system and underscored that no institution is immune from systemic racism.?

“The committee heard that designated equity groups in the Employment Equity Act are outdated and overbroad, which makes it more difficult to address discrimination against equity deserving groups that aren’t explicitly set out in the act. The federal government must address this by amending the act to explicitly include Black and other equity deserving groups.”?- Senator Nancy J. Hartling, member of the Subcommittee on Agenda and Procedure

The report makes 11 recommendations to immediately address the problems at CHRC and to meaningfully confront the broader issue of systemic racism across the federal public service. The committee welcomes CHRC’s recent efforts to address its discriminatory internal culture and practices but heard the commission must do more to regain the trust of its Black and racialized employees — and the communities that rely upon it for justice.?

The committee wishes to thank all the witnesses who appeared for its study and the many individuals who submitted written materials. Their courage in sharing their stories publicly is deeply appreciated and an important step toward critical change.?

Quick Facts?

• The Canadian Human Rights Commission (CHRC) is the first point of contact for registering a human rights complaint at the federal level. It also has a broader mandate to promote human rights through research, policy development and employment equity audits of employers under federal jurisdiction.?

• The Public Service Alliance of Canada, the Association of Justice Counsel and the Canadian Association of Professional Employees filed grievances against the CHRC. In March 2023, the Treasury Board of Canada Secretariat confirmed the CHRC breached the “No Discrimination” clauses of three collective agreements.?

• The committee began its study in May 2023. It heard from 24 witnesses and received many written briefs.?