Justice Minister Arif Virani has asked the country’s first accessibility commissioner to address recommendations from an outside investigation into allegations of mistreatment of staff at the Canadian Human Rights Commission.
The independent investigation into Michael Gottheil, which cost taxpayers more than $230,000, has been completed and a final report has been submitted to Villani, the Department of Justice announced.
The commission told CBC News in a statement that Gottheil “will continue to serve in his roles.”
The government hired consulting firm Quintet Consulting more than a year ago to investigate. A small number of employees expressed concerns Regarding Gottheil’s actions in 2022.
In the letter, seen by CBC News, employees alleged Gottheil was a “detrimental influence” on the job and created an “emotionally unsafe work environment,” but did not provide specific examples.
Villani’s office declined to disclose the findings or recommendations of the investigation, saying it would not comment to protect the “integrity of the process.”
In a statement provided to CBC News, a Ministry of Justice spokesperson said the minister ” [commission] We urge Mr. Gottheil to address the recommendations made in the report.”
Gottheil did not respond to a request for comment. His lawyer, Peter Engelman, said: He said his client “addressed the concerns raised in the workplace by participating in the government’s investigative process and meeting expectations.” He also said Gottheil and all other parties involved had signed non-disclosure agreements.
“Gottheil has participated fully and conscientiously in the Quintet investigation and has kept his commitments,” Engelman said in a media statement.
“He will continue to respect the integrity of the process.”
Work is underway to address the recommendations
Last year, on a separate issue, a Senate report “Crisis of trust” after employees of colour at the Canadian Human Rights Commission (CHRC) reported discrimination against Black people in the workplace.
The administration recently issued new directives to improve the vetting process for gubernatorial appointees. Failing to vet controversial social media posts According to the Privy Council Office, the decision was made by another recently appointed individual, the CHRC’s next presiding commissioner. Going forward, all candidates’ online aliases will be verified and shared with the Canadian Security Intelligence Service, the RCMP and the Canada Revenue Agency during background checks.
Gottheil was appointed to the Governors’ Council (GIC) for a five-year term starting in 2022, on the recommendation of former Minister of Justice David Lametti. At the time, the federal government described her appointment as a “historic” effort to make Canada more inclusive and barrier-free.
As a GIC appointee, Gottheil is expected to maintain the “highest standards of integrity” and treat everyone in the workplace with “respect, equality and dignity” at all times. terms of service Those appointed will serve “as long as they serve in good moral character” and may be removed only for cause, the rules state.
The CHRC said it accepted the recommendations of Quintet Consulting’s final report and was working to implement them. The committee declined to provide details, citing confidentiality.
The committee launched its own investigation.
CBC News About the Press Following the committee’s response to the allegations against Gottheil, the CHRC launched a separate, independent investigation this year to examine whether officials leaked classified information.
The committee said it spent about $13,000 in public funds to hire an outside workplace investigation firm, Simnar Corp., which investigated “whether there was an unauthorized disclosure of confidential information” between February and May, the committee said.
The committee did not disclose what Simnar found out, saying “the findings of the investigation are confidential.”
The person responsible for checking compliance with Canada’s accessibility laws is currently under investigation, and some employees have alleged that the accessibility commissioner, Michael Gottheil, mistreated staff. Gottheil denies the allegations.
CBC News reported last year that CHRC interim chief commissioner Charlotte Ann Maliszewski and executive director Ian Fine emailed staff before the winter break saying they would be putting in place “protective measures” approved by the Privy Council Office.
The email, viewed by CBC News, said all future meetings between Gottheil and staff would be held online instead of in-person and would require at least two staff members to be present.
According to the email, staff were told the “preferred method of communication” between Gottheil and employees was “email and written memoranda.”
The employees who raised concerns with the CHRC told the Justice Department in a March 2023 letter that three senior staff members in “key management roles” had left the commission and two others were considering leaving due to the work environment. They said waiting months for their allegations to be investigated had caused additional “stress and anxiety” for the affected staff.
Gottheil’s lawyer said his client had never seen the letter or been given a copy of it.
Justice Minister David Lametti said a third party is investigating workplace concerns involving Canada’s first accessibility commissioner, Michael Gottheil. Gottheil said he is not aware of the complaints and expects a fair and impartial process.
The commission’s roughly two dozen civil servants assist Gottheil in his work, which includes conducting inspections and imposing fines for breaches of the Canada Access for People with Disabilities Act.
Gottheil has not responded to CBC’s multiple interview requests since June 26. Engelman said his client is on vacation and commented on his behalf.
“People have professional, legal and ethical obligations when discussing personnel matters and related process matters,” Engelman told CBC News.
“This is particularly true in the context of workplace investigations and proceedings. Confidentiality is essential to these processes as it ensures people can speak openly, freely and privately.”
Gottheil told CBC News last year that his career has been “dedicated to promoting and protecting accessibility, human rights and equity for all Canadians.”
“I’ve been working as a lawyer, a human rights mediator and a decision-maker for over 35 years,” Gottheil said. “In that sense, I’ve always been committed to fair procedures and making sure that those procedures are done properly.”
When asked by CBC News what support the commission is providing to affected employees, the commission responded, “We are taking proactive steps and always offering support, but confidentiality agreements mean we cannot discuss the specifics of personnel matters.”
