Canada’s first accessibility commissioner is suing the federal government and an unnamed employee for more than $2.3 million in damages after facing an external investigation for mistreating staff.
According to his complaint filed last week, Michael Gottheil was ordered by the Minister of Justice to “undertake certain training and courses” in response to an 18-month workplace investigation.
But Gottheil, who has vision and hearing loss due to Usher syndrome, was unable to complete the course because the test was not available, the claim states.
The unacceptable training is part of a larger pattern of discrimination that Gottheil has faced since assuming the role in 2022, the statement of claim alleges.
Gottheil’s statement said the Canadian Human Rights Commission (CHRC), which was tasked with supporting his work, repeatedly handed him inaccessible documents and that his requests for accommodations were “routinely ignored.” “I was made to feel dissatisfied,” he claims.
“Despite Plaintiff’s clear indication of the accommodations she required, Plaintiff’s accessibility needs as a person with a disability were consistently not met,” the complaint filed in Ontario Superior Court states. It is being
This is “particularly egregious” given his position and the fact that the CHRC is supposed to “protect Canadians from such conduct,” the statement of claim says.
Gottheil has been on sick leave since the end of August. He is seeking more than $1.6 million in damages from the federal government for constructive dismissal, violation of Charter rights and emotional distress.
He is also seeking $600,000 in special damages from an unnamed CHRC employee. He claims they maliciously filed claims against him and tarnished his reputation.
The motion has not been heard in court and no statement of defense has been filed.
Gottheil’s job is to ensure that more than 1,000 government agencies and federally regulated private entities comply with Canada’s Accessibility Act. But the lawsuit alleges it has faced resistance and a lack of resources.
Gottheil denies the charges
CBC News reported A year after then-Justice Minister David Lametti appointed Mr. Gottheil to his new role, the government ordered the Ottawa firm Quintet Consulting to investigate his treatment of his staff, officials said.
Multiple CHRC employees wrote to the federal Department of Justice in March 2023, stating that they first raised concerns about Gottyle with the CHRC in November 2022.
The letter called Mr. Gottheil’s office a “psychologically dangerous and difficult working environment,” and said three senior employees had left the office and two others had been terminated in connection with Mr. Gottheil’s “detrimental influence” on the workplace. Many people have said that they are considering retirement.
In his statement of claim, Gottheil “strongly denies” the allegations and calls them “defamatory.”
He also claims that media leaks that published employee letters and other documents violated the confidentiality of the investigation.
The government does not publish the survey results
The government has declined to share the findings of its investigation with CBC News, citing privacy concerns.
The Ministry of Justice said only that Justice Minister Arif Virani had directed Gottheil and the CHRC to address the recommendations contained in the investigation’s final report.
Gottheil’s statement of claim claims that an investigation concluded that “many” of the workplace allegations against him were “unfounded.”
Investigators also did not conclude that “he made any personal or derogatory comments,” according to Gottheil’s statement of claim.
His statement of claim states that “many of the comments” in the final report about how his actions were “perceived” were “clearly related” to Gottheil’s disability.
“He sometimes speaks loudly and is not always aware of when other speakers have finished speaking, facial expressions, or social cues,” the statement of claim states. “This may impact on the claimant’s behavior at the meeting and the perception of that behavior, particularly if other participants have not received adequate information or training on these issues.”
According to Gottheil’s lawsuit, a letter issued after the final report stated that Villani expected the CHRC to address Gottheil’s concerns regarding disability accommodations.
“Protective measures”
The complaint states that “protective measures” were put in place at Gottheil’s office from early December 2022 until June 2024. CBC News reported that the measure means meetings will be held virtually instead of in-person.
Gottheil’s statement of claim says these measures are “extremely harmful and humiliating” and have rendered him unable to carry out his duties.
CBC News has reached out to former CHRC Chief Commissioner Marie-Claude Landry for comment on the allegations in the statement of claim.
“I am disappointed that Mr. Gottheil mischaracterized me and the people on the committee who work with Mr. Gottheil,” Landry said in an email. “This organization and the people who work there are caring and caring.”
Landry said she looks forward to “providing my side of the story and setting the record straight,” but that “as this matter is before the courts, it would be inappropriate for me to comment further.” Ta.
The Justice Department said it was reviewing Gottheil’s allegations, adding that it was “premature to comment on the allegations or next steps.”
CHRC also said it could not comment on the matter as it was in court.
Gottheil, through his lawyer Peter Engelmann, declined an interview request from CBC News, citing “ongoing legal proceedings.”