The Canadian Human Rights Commission (CHRC) faces the threat of international embarrassment as the watchdog reviews its “A” rated status.
The “special investigation” comes after CBC News and other media reported that the federal government found the CHRC had discriminated against staff, and after staff said the commission had disproportionately dismissed race-based complaints.
“Canada has long been seen as a home to many nations, a champion of diversity and a global leader in human rights,” said Nicholas Marcus Thompson, executive director of the Black Collective Action Secretariat.
“But with our human rights record currently under investigation by a UN watchdog, our reputation is at risk of irreparably damaging.”
The monitoring body is a subcommittee of the Global Alliance of National Human Rights Institutions (GANHRI), which reviews the accreditation of national human rights institutions. Although GANHRI is not a UN body, it reviews the relationship between human rights institutions and the UN, Paris Principles Access to UN committees.
In February, the Black Collective Action Secretariat, the Canadian Association of Public Servants and a coalition of other unions and civil society groups filed a complaint with GANHRI, citing the federal government’s conclusion that the commission had engaged in discriminatory practices against employees.
“This decision is unprecedented,” Thompson said. “It puts us in line with other countries facing special scrutiny, including Russia, Iraq and Venezuela.”
The federal government reported in March that CHRC had engaged in discriminatory practices against Black and other employees of colour. The government’s human resources arm, Treasury Board of Canada Secretariat (TBCS), reached the conclusion after nine employees filed a grievance through their union in October 2020.
The complaint alleged that “Black and people of color employees at CHRC face systemic anti-Black racism, sexism and institutional discrimination.”
CBC News obtained TBCS’ March ruling, reviewed related documents and spoke to a group of current and former commission staff members.
They spoke of so-called hostile and racist workplaces where Black and other employees of color were excluded from career and training opportunities and shut out from formal and informal networks.
They claim that the careers of Black and people of colour remain stagnant while their white colleagues are promoted, and that senior management ranks remain predominantly white. Current and former employees who spoke to CBC said their health has suffered as a result of workplace discrimination.
Employees also cited high rates of dismissals for race-based complaints (supported by the CHRC data) and said those investigations were typically staffed by all-white teams.
The Canadian Senate has also launched a committee investigation, finding that Canada’s human rights system is facing a crisis of confidence.
A Senate committee report found that anti-Black racism and other discrimination is widespread at the Canadian Human Rights Commission and in the federal civil service.
These findings will form the basis of a special GANHRI investigation.
According to GANHRI, national human rights institutions that receive “B” status cannot participate in meetings of the United Nations Human Rights Council (UNHRC), speak on its agenda, or submit documents to the Council.
The Canadian government is seeking to become a member of the UN Human Rights Council from 2028 to 2030, through a vote likely to take place in 2026.
Because the Canadian Human Rights Commission and government are independent, the outcome of the special review will not affect Canada’s diplomatic status at the UN Human Rights Council.
Canada helped establish the Geneva-based UN Human Rights Council, which investigates alleged human rights violations in UN member states and issues reports on human rights issues, including Iran’s continuing crackdown on women’s rights.
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This is the first time the Canadian Human Rights Commission has been the subject of a special investigation, and in a statement to CBC, the commission said it welcomes the inquiry and looks forward to participating.
“Our submission will demonstrate that over the past six years the commission has made great strides in how it supports people who make complaints of discrimination based on race,” said Veronique Robitaille, the commission’s interim communications director.
“We will also provide GANHRI with information about the Commission’s efforts to create a diverse, healthy, safe and respectful workplace through our Anti-Racism Action Plan.”
Canada’s foreign affairs and justice departments did not immediately respond to CBC’s requests for comment.
