Groups tackling anti-Black racism files complaint against Canadian Human Rights Commission

BY PAUL JUNOR

The complaint filed against the Canadian Human Rights Commission by a coalition of Federal unions and organizations has received widespread publicity. The complaint alleged that the Canadian Human Rights Commission has violated global law with respect to its treatment of Black federal workers. The coalition is composed of the following organizations: The Public Service Alliance of Canada, The National Union of Public and General Employees, The Canadian Black Nurses Alliance, The Red Coalition, The Federation of Black Canadians, The Black Canadians Civil Society Coalition, 613-809 Black Hub, and The Enchante Network.

The Canadian Human Rights Commission has been in the news over the past years and was established in 1977 by the Government of Canada. The Canadian Human Rights Act empowered them to investigate and settle complaints filed by federal public workers who experience discrimination and harassment. These workers include those employed, or receive services from the: federal government, First Nations governments, or private companies that are regulated by the federal government (banks, trucking companies and broadcasters).

Nicholas Marcus Thompson, Executive Director of the Black Class Action Secretariat stated, “The Canadian Human Rights Commission (CHRC) should be at the forefront of promoting and protecting human rights, advocating for change as Canada’s human-rights protector, yet they have been discriminatory. Today, we demand accountability.” There has been a formal request made by the group that the Global Alliance of National Human Rights Institution assess the accreditation of the commission. It is hoped that the Alliance (based in Geneva, Switzerland) and other collaborators with the United Nations will proceed speedily to press the case for reform of the commission.

There was a diverse response to a report by the Senate in Ottawa released on December 11^th, 2023, examining anti-Black racism in the commission. The report titled, “Senate report on anti-Black racism in Canada’s Human Rights Watchdog,” sheds light on a toxic workplace culture and laid out instances of the prevalence of systemic discrimination.

Senator Salma Ataullajan, Chair of the committee states, “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 CHRC fell short of standard.”

Senator Wanda Thomas Bernard (Deputy Chair of the Committee) states, “Canada’s human rights watchdog discriminated against populations that they are 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 Nancy. J. Hartling states, “The committee heard that designated groups in the Employment 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.”

In a response by the commission on Monday, February 28^th, 2024, in a prepared statement, it notes that it is currently in the process of analyzing details about the coalition complaint, and that it went through a periodic re-accreditation in 2023. They have received a “full compliance” to go through a comprehensive review of all of the commission’s work in promoting human rights between 2016 and 2022. The statement notes further, “We are confident that we continue to operate to full compliance and look forward to providing (the global alliance) with all the information it requires.”