Gee: It’s time to bring John A. Macdonald out of his confinement

Yes. And charge people for any defacing or vandalism along with a plaque or display on his role in residential schools. Same should be done for Ryerson:

…If it’s wrong to lionize our national champions, glossing over their failures and their crimes, it is equally wrong to villainize them. Most of them are neither complete heroes nor utter rogues. A true understanding of history demands we view them in the round, considering all their human complexity.

John A. Macdonald expressed some vile – and, sadly widespread – opinions about Indigenous peoples. He had many other flaws and made many mistakes in his long tenure as Canada’s dominant political leader. But as one of his leading biographers, Richard Gwyn, argued, all of this must be set against his accomplishments, among them the creation of the transcontinental railway and the North-West Mounted Police. Before he died, said Mr. Gwyn, Macdonald made sure that “Canada had outpaced the challenge of survival and had begun to take the shape of a true country.”

Here is how the Canadian Encyclopedia summarizes him: “Macdonald helped unite the British North American colonies in Confederation and was a key figure in the writing of the British North America Act – the foundation of Canada’s Constitution. He oversaw the construction of the Canadian Pacific Railway (CPR) and the addition of Manitoba, the North-West Territories, British Columbia and Prince Edward Island to Confederation. However, his legacy also includes the creation of the residential school system for Indigenous children, the policies that contributed to the starvation of Plains Indigenous peoples, and the ‘head tax’ on Chinese immigrants.”

The past few years have seen an overdue reckoning with the tremendous and lasting harms done to Indigenous peoples during European colonization. But there are other remedies than erasing names and pulling down statues. One is to raise memorials to the victims of those times. Mount Vernon has a slave memorial close to the tombs of George and Martha Washington. Another is to explain and educate. A few years ago the foundation that runs Thomas Jefferson’s plantation at Monticello, Va., unveiled a series of nuanced exhibits about Sally Hemings, the enslaved woman who bore several children by the man who drafted the U.S. Declaration of Independence.

Instead of hiding Macdonald away, why not install a display at Queen’s Park about residential schools and his role in their story? Putting the statue of our first prime minister in a wooden box achieves nothing and satisfies no one. It is time to bring Sir John A. into the light.

Source: It’s time to bring John A. Macdonald out of his confinement

Terry Glavin: B.C. doesn’t need to atone for its origins

Useful reminder that history and context have nuance:

…British Columbia’s origins owe little to even the most conventional narrative lines that have explained Canadian history.

While the HBC was a pivotal player in B.C.’s early years, it was never much about beaver pelts and furs. The HBC trade was concentrated in tierces and hogsheads of salted salmon. While the Métis were key players in the HBC brigade trails, a third of the HBC workforce west of the Rockies were Hawaiians.

The westward expansion of the Dominion of Canada involved the establishment of provinces by federal law, but that pattern stopped at the Rockies. B.C.’s story runs mostly north-south, and like Newfoundland, B.C. was a self-governing Crown colony that joined Confederation, for good or ill, on its own.

The story of B.C’s colonial survival against the backdrop of overwhelming American military and population pressure is a story written almost entirely by Douglas’s sheer will and force of personality. Douglas was himself a “coloured” person, the son of Martha Ann Ritchie, a free Creole from Barbados, and John Douglas, a Scottish merchant and planter from Glasgow. James’s wife, Lady Amelia Douglas, was the daughter of a Swampy Cree woman and an Irishman from Lachine, Que.

In 1858, when a war broke out between the Nlaka’pamux people and American miners in the Fraser Canyon, Douglas unilaterally annexed the mainland as a British colony in advance of London’s formal declaration. That’s one of history’s ironies. Far from being about stealing Indigenous land, B.C. was established in order to protect Indigenous people from heavily-armed American marauders and to secure to the Indigenous people of the Fraser River all the rights of British subjects.

In 1859, when an American military regiment occupied one of the Southern Gulf Islands in a clear violation of the boundary provisions in the Oregon Treaty, Douglas told the HBC’s Angus McDonald that if the Americans didn’t stay put, he would mobilize “fifty thousand Indian riflemen at Victoria.”

After the American Civil War broke out in April 1861, Douglas suggested to the colonial office in London that he would be glad to lead an expeditionary force to take back the Columbia territory that had fallen to the Americans 20 years earlier, and to keep on going, all the way to San Francisco Bay.

A great part of the success of British Columbia’s early settlement was owing to Douglas’s largely cordial relations with the Indigenous peoples within the colonial ambit. For one thing, Douglas and the Royal Navy were formidable allies to the Coast Salish people against the slave-raiding tribes from further up the coast. For another thing, the Indigenous leadership was fully aware of what had happened once the Americans moved into what would become Oregon, Washington and Idaho.

There was the Cayuse War, the Klamath War, the Salmon River War, the Yakima War, and the Nisqually War.

In Douglas’s vision of a successful colony, the tribes would be not be disturbed in their customary laws, their villages and enclosed fields would be protected along with their rights to hunt and fish “as formerly,” and there would be no removals to reservations. Indigenous people were to have the same rights as any settler and would be full participants in the emerging economy.

It was only because of the insistence of the Colonial Office in London that funds for treaty-making had to be raised locally that Douglas managed to secure only 14 treaties with First Nations on Southern Vancouver Island. It wasn’t until the 1990s that Victoria and Ottawa secured another treaty — with the Nisga’a people of the Nass Valley. Most of B.C. remains without benefit of treaty even now.

Despite the perilous challenges Douglas faced in his day, for the most part, peace prevailed.

In his articulation of how a proper colony should be managed, Douglas made clear that medical care would be denied no one on the basis of race or status, child labour would not be tolerated, common-law marriages should be recognized and public charity should be encouraged. Importantly, slavery, which was a commonplace Indigenous practice, would not be tolerated.

And so, for a time, a peaceable kingdom prevailed on what was to become Canada’s West Coast. Its multiculturalism emerged organically more than a century before it was conjured in the Canadian imagination as the invention of Pierre Elliott Trudeau, later mutating into the “diversity, equity and inclusion” regime strictly enforced by his son, Justin.

It’s why James and Amelia’s children were baptized in several Christian traditions — Catholic, Anglican and Methodist. It’s why the Congregation Emanu-El on Victoria’s Blanshard Street is the oldest continuously-occupied synagogue in Canada. Its cornerstone was laid in 1863. Many if not most of the synagogue’s original fundraising subscribers were gentiles.

When Lumley Franklin was elected mayor of Victoria in 1865, he became the first Jewish mayor in North America. In 1871, the year B.C. joined Confederation, Victoria voters sent Wharf Street merchant Henry Nathan to Ottawa. He was Canada’s first Jewish member of Parliament.

This is not a history that requires atonement, penitential reflection or some “long overdue reckoning.”

It’s certainly not entirely a happy story. But it’s nothing to be ashamed of, either.

Source: Terry Glavin: B.C. doesn’t need to atone for its origins

Statement by Minister Miller on Canada Day

Quite a good statement and video IMO. Curious to hear views of others:

“On Canada Day, we celebrate our freedoms and reflect on our rights and responsibilities as Canadian citizens. We remember and honour the shared history, symbols and values that define us as Canadians. A critical part of being Canadian is understanding the histories and realities of Indigenous Peoples, who have been caretakers of this land since time immemorial, and recognizing their integral role in this country’s past, present and future.

“Every Canadian has a responsibility to advance reconciliation with Indigenous Peoples. It is important that we all understand the rights and significant contributions of First Nations, Inuit and Métis. As part of our ongoing commitment to advance reconciliation, Immigration, Refugees and Citizenship worked with Indigenous creators to share the voices and experiences of Indigenous Peoples directly with new Canadians. I am pleased to share that the video ‘Welcome, there is room’is now being used at every citizenship ceremony across the country.

“This morning, I am honoured to attend a special citizenship ceremony being held at the Rogers Centre before the Toronto Blue Jays annual Canada Day game. This is one of the many citizenship ceremonies taking place across Canada today. The moment when newcomers take their oath of citizenship is a very meaningful and moving experience for everyone involved. I consider this to be one of the best parts of my job! If you wish to experience the sense of pride in being Canadian, I encourage you to participate in an upcoming citizenship ceremony in your area.

“To learn more about Canada Day celebrations near you, you can also visit the Canadian Heritage website.

“I hope today’s celebrations renew your pride in being Canadian and inspire you to give back to your community, to learn more about Indigenous Peoples and cultures and to welcome those who have chosen Canada as their home. Our diversity, equity, inclusivity and multiculturalism are what sets Canada apart.

“Whether you’ve recently chosen to work, study or build your life here—or you’ve always called this country home—today is about celebrating what unites us: our love and respect for Canada.

“Happy Canada Day!”

Source: Statement by Minister Miller on Canada Day

Executive Diversity within the Public Service: An Accelerating Trend 

My latest analysis, focussing on diversity among executives as well as an update on hirings, promotions and separations:

Source (behind firewall): Executive Diversity within the Public Service: An Accelerating Trend 

Opinion: We are Anishinaabe Zionists. Hateful anti-Israel camps disrespect our lands

Of note:

…As Anishinaabe, we are troubled by the expressions of hatred against Jews and Zionists, and the disappointing ignorance, fuelled by misinformation coming from universities. Ignorance about the indigeneity of the Jewish people in the region that is Israel. Ignorance about the values that Israel, as a democracy, stands for — as imperfect as it is. Ignorance about the rights and responsibilities Israel has as a nation state and member of the United Nations. Ignorance about Zionism — its compatibility with Palestinian self-determination, a two-state solution, and the fact that the vast majority of Jewish people identify with Israel. Ignorance about the current reconciliation efforts of Indigenous and non-Indigenous Canadians. Ignorance about our shared history and the intentions of our original relationship. And how quickly the sadistic savagery of Hamas’ invasion of Israel and its promises to repeat October 7 again and again and again are forgotten.

Erroneous false narratives are coming out of universities about current reconciliation efforts led by Indigenous peoples to justify divisive hateful conduct that overwhelmingly targets and isolates Jewish and Zionist Canadians. The use of sacred ceremonies such as the lighting of a Sacred Fire, smudging, drumming, and others, by activists in encampments on university campuses are not appropriate. It is cultural appropriation and historical distortion of the worst kind.

Some have suggested correlations between Hamas and Israel in the Middle East and the reconciliation work led by First Nations here in Canada in the West. We hear the words “colonizer,” “settler” and “decolonize” to justify terror, violence, kidnapping, rape and targeted civilian massacres. These words are used to assert revolutionary violence “by any means necessary” and that “all forms of resistance” are justified. We unequivocally reject these assertions and any allyship with those who hold such views.

Indigenous and non-Indigenous people found ways and continue to find ways to peacefully resolve their differences mostly through dialogue grounded in The Seven Sacred Teachings. But little respectful dialogue is heard. Instead, we see hate, antisemitism, and weak leadership on university campuses. Pro-Palestinian supporters violate the Treaties with Indigenous peoples and The Seven Sacred Teachings. Allegedly they seek to resolve a crisis in the Middle East by means that disregard Indigenous peoples, the Treaties, our Sacred Teachings, and our relationship with Canada. Equally dreadful are the measures that target Jewish and Zionist students and faculty — people who are welcome on our Treaty Lands and are deserving of the rights and freedoms enjoyed by all Canadians.

Our Land, the Treaties, our values, and our hospitality are being abused. Leaders of universities, government, and law enforcement — all considered to be Treaty Partners — are allowing this to happen. University codes of conduct and Canadian laws are not being enforced. It appears that all protest activity is treated as “free speech” by those who carry responsibility for the public. The focus is on whether the “speech” is free and protected, rather than on whether the conduct or speech aligns with the Treaties or The Seven Sacred Teachings.

We, as Anishinaabe Zionists, are made to feel unwelcome on our Treaty Lands by treaty scofflaws and encampment occupiers, who self describe as part of the current colonial regime that marginalizes and oppresses Indigenous peoples — us. Perhaps, they should begin an examination of the illogic of their own activities on our ancestral Treaty Lands.

A modern-day Chief Pontiac is needed who respects all and fears none.

Our Treaty partners must enforce the law and codes of conduct on campuses and communities across the country. Codes of conduct consistent with the Treaties and The Seven Sacred Teachings should be developed. The International Holocaust Remembrance Alliance working definition of antisemitism must be applied by all who fall within areas of federal oversight, influence, and authority. Indigenous people should be consulted with about how Treaty Lands will be used. Universities must stop the false narratives. Facts, reality, truth — not fiction, feelings and ideology — should be taught.

The preceding is Harry Laforme’s and Karen Restoule’s written submission to the Parliamentary Standing Committee on Justice and Human Rights’ Study of Antisemitism.

LaForme is a member of the Mississaugas of the Credit First Nation (MCFN), a retired appellate court judge and practicing lawyer. Restoule is a member of the Dokis First Nation. With a law degree from the University of Ottawa, Restoule specializes in public affairs and is currently a vice president with Crestview Strategy. Ms. Restoule is also an honourary witness to Israeli suffering arising out of the Hamas October 7 attack.  

Source: Opinion: We are Anishinaabe Zionists. Hateful anti-Israel camps disrespect our lands

Patrice Dutil: Parks Canada chooses identity politics over giving Sir John A. Macdonald his due

Valid critique. Parks Canada used to have a balanced approach in its interpretative displays that invariably provoked controversy from some groups for not totally accepting their narrative from my experience with the Canadian Historical Recognition Program.

Just as Canadian Heritage had trouble adjusting to the Harper government, seems like Parks Canada will be due for a reckoning should the Conservatives, as is likely, form the next government:

Parks Canada launched its new characterization of Sir John A. Macdonald over the Victoria Day long weekend when it reopened Bellevue House in Kingston, Ontario after six long years of restoration. The spectacle, steeped in identity politics, has rightly been criticized for portraying our founding prime minister as among Canada’s worst-ever villains. 

For fans of Canadian architecture and home design and for friends of history, this was an important event. Bellevue House is a gem in the Canadian urban landscape. It was built in 1840 for a prosperous Kingston merchant in an improbable Italian Villa style that features a square central tower and two wings deployed on either side. Think of it as a proud Canada goose standing and opening its wings, inviting visitors inside. It is as welcoming today as it was when I first visited it as part of a school field trip in grade 7, well over 50 years ago.

Macdonald rented the place for about a year in 1848-1849. Back in those days, it was located in the suburbs of Kingston and he had picked it as a place of rest for his wife Isabella who had given birth to their first child John Jr. It was a big house—far too big for a small family—and it was expensive. Sadly, it turned out to be the place of terrible tragedy for the young couple, as their son died there before he was barely a year old. 

In Macdonald’s long and impressive life, Bellevue House is nothing but an asterisk. His stay was short, no big decisions were hatched there, he never owned it, and he did not even write about it. Two other places in Canada are far more important: the Macdonald-Mowat House on St. George Street in Toronto, which has been beautifully restored by the University of Toronto, and Earnscliffe, Macdonald’s grand home overlooking the Ottawa River in Ottawa, which has long been owned by the British government (it serves as the private residence of the British High Commissioner). 

Ottawa bought Bellevue House in 1964 in preparation for Canada’s Centennial. It was opened as a historic park three years later. Because of its association with Canada’s first prime minister, a connection between exquisite architecture and politics was cemented. 

The Trudeau government had choices to make when it closed the house for long-overdue repairs in 2017 (it had suffered neglect and its visiting hours had been reduced by the Harper government). It could have sold it for redevelopment. It could have negotiated an arrangement with Kingston so as to offer much-needed museum space to a beautiful city that has done everything to show it no longer wants any association with its most famous resident. 

It could have approached nearby Queen’s University to make the place useful all year round to students (instead it will be mothballed for eight months each year). It could have made it a museum dedicated to Indigenous Peoples or to Canada’s multiculturalism. Why not a museum dedicated to Canada’s workers? Instead, it decided to keep Bellevue House fixated on Macdonald. The website for the national historical site now opens with telling lines. From the second word, the link is made between Macdonald and the First Nations: 

Hello, Shé:kon, Aaniin. At Bellevue House National Historic Site, many voices present the complex legacy of Canada’s first prime minister, Sir John A. Macdonald. Come for the experience, engage with the stories, and join the conversation about Canadian history.

It continues:

Don’t miss this opportunity to experience the history of Sir John A. Macdonald in the 1840’s setting, while engaging in conversations about the complex and lasting legacies of Canada’s first prime minister.

There is no hint of official bilingualism. Nothing about nation-building, about the achievement of institutionalizing Confederation, or about the hardships of politically uniting a difficult country. Not a word about the economic difficulties that marked Macdonald’s time, or about the massive emigration from Canada in those years. Nothing about the hardships of women in the 19th century, or about the children who were lucky to survive past age 10 and who were typically sent to work from that point onwards. 

Instead, the re-opening of the historic Bellevue House provides yet another embarrassing display of national flagellation, triggered by the adoption of the Trudeau government’s Framework for History and Commemoration (2019), a short-signed guideline not designed to enlighten but instead to demonize Canada’s past and those who (mostly volunteered) to preserve it. 

The opening ceremonies were clear: the mission of the reborn national site is not to celebrate Kingston’s most important (by far) citizen, a man who led a national party to six electoral majorities and who was joyously celebrated in his own lifetime even by his adversaries, but to trot out the usual tropes: he was a racist, a drunk, a man who hated Indigenous peoples to the point of starving them or forcing them to go to school. A man who probably did not like women or immigrants either. Couched in terms of a “timely conversation” the Parks Canada staff’s apparently closed-door consultations with local Indigenous groups recrafted the focus to be Macdonald-Bellevue. 

Not surprisingly, there is a display about residential schools. Academic Channon Oyeniran gave introductory remarks at the reopening ceremony and talked about how the event was a “testament” to the “rewriting of this history.” She was being honest. No known historian of Macdonald, Kingston, or Victorian Upper Canada was even invited.

Dan Maracle, the chief of the Mohawks of the Bay of Quinte, was quoted as saying that Bellevue “Now does a better job of encompassing all of Macdonald’s legacy,” urging Canadians “to learn more about the country’s Indigenous Peoples and their culture.” He continued: “If you learn about the history of the country, then that might actually create a desire to do better in the future.” One has to ask: what would Chief Maracle do without Macdonald the villain?

The reality is that Bellevue House is a fake, as it has always been. Its architecture was borrowed from a place far away and its association with John and Isabella Macdonald was tenuous at best. There are no Macdonald artifacts on display (except, maybe, a crib) because the family was house-poor and had little in the way of furniture—Macdonald was 34 years old, barely earning a living as a lawyer, with no money to buy the expensive items that are now on display and presented as totems of privilege. 

To add insult to injury, Bellevue House will now be used to heave all the ills of the Victorian era on Macdonald’s shoulders. Ignoring the fact that he was the product of democracy, today the government of Canada, which he helped create, continues to ransack the history of the country and goes out of its way to ensure Macdonald gets a kicking. 

The debacle at Bellevue House shows just how Prime Minister Trudeau continues to lead the march of the historical boodle brigade. His first step was to jettison Sir Hector Langevin, Macdonald’s favourite minister (a stalwart Quebec federalist who was as loyal and he was hard-working as minister of public works). The prime minister then did nothing to denounce the vandalism of Macdonald statues on his watch. Instead, he continuously disparages the politics and policies of his predecessors (Liberals included). 

Among his final gestures will be this fiasco at Bellevue House. For this government cannot miss an opportunity, however small, to kneecap its first prime minister’s reputation. On the other hand, there will be plenty of opportunities to boycott Bellevue House.

Source: Patrice Dutil: Parks Canada chooses identity politics over giving Sir John A. Macdonald his due

Hayden Taylor: I may have to stop writing plays with Native characters

Sensible approach:

…I personally have no problem with classes studying my work, regardless of the students’ heritage. I have it on good authority that schools were designed to be places of education, of learning. And what better way to learn about a people, or a culture, than to put on a pair of moccasins or spend time in a First Nations community, even a fictional one, for a few hours? Wherever a play may take you – whether it’s a 16th-century Elizabethan court, or some small American town – embrace it and learn from it.

So, to return to the high school teacher, my words to him were: run with it. Let students understand the triumphs and tragedies of our communities – once he gets the title of my play right.

(Of course, that condition might backfire on me. Will this teacher believe I don’t think “Indians” can tell the truth, unlike drunks and children? See? It all gets so complicated.)

And as for those UBC students, they should have embraced the opportunity. It was probably their only chance to play Indigenous characters. Now, and probably for the rest of their careers, they will play nothing but settler characters. I would find that kind of limiting.

This all changes when it comes to professional productions.

On a professional stage, I think it adds to the production if the Indigenous characters are played by Indigenous people. Acting is all about authenticity….

Source: I may have to stop writing plays with Native characters

New Electoral Map and Diversity

My analysis of the impact of the new electoral map on racialized and religious minorities and Indigenous, and how it will be further impacted by the ongoing increase in immigrants.

Source: New Electoral Map and Diversity – The Hill Times

Advocates, union applaud legislative commitment for groups for Black, LGBTQ+ workers, Sarkonak: Liberals to mandate reverse discrimination with job quotas for Black, LGBT people

Two contrasting takes, starting with predictable support from advocates:

A news release by Employment and Social Development Canada said that, on top of creating the two new groups, “initial commitments to modernize the Act” included replacing the term “Aboriginal Peoples” with “Indigenous Peoples,” replacing “members of visible minorities” with “racialized people” and making the definition of “persons with disabilities” more inclusive.

Adelle Blackett, chair of the 12-member Employment Equity Act Review Task Force, said the recommendations were designed to address a lack of resources, consultation and understanding of how legislation should be applied.

Blackett noted that the report offered a framework to help workplaces identify and eradicate barriers to employment equity.

Nicolas Marcus Thompson, executive director of the Black Class Action Secretariat, a group that in 2020 filed a lawsuit against the federal government claiming systemic workplace discrimination against Black Canadians, said the commitment marked a “historic win” for workers.

He added this could not have been done without the work of the Black Class Action.

…….

Jason Bett of the Public Service Pride Network said that group “wholeheartedly” endorsed the report’s recommendation to designate Black people and 2SLGBTQIA+ people as designated groups under the Employment Equity Act.

“Our network has been actively engaged in the consultation process with the Employment Equity Review Task Force, and we are pleased to note our contribution to the report,” Bett said. “The PSPN is committed to collaborating on the effective implementation of the recommendations, contributing to a more inclusive and equitable employment landscape in the federal public service.”

Source: Advocates, union applaud legislative commitment for groups for Black, LGBTQ+ workers

Equally predictably, the National Post’s Jamie Sarkonak has criticized the analysis and recommendations (valid with respect to a separate category for Black public servants given that disaggregated data in both employment equity and public service surveys highlight that 2017-22 hiring, promotion and separation rates are stronger than many other visible minorities groups and indeed, not visible minorities: see ee-analysis-of-disaggregated-data-by-group-and-gender-2022-submission-1):

Why would the task force recommend a special category for Black people when the law already privileges visible minorities? The report writers largely cited history (slavery and segregation), as well as employment data. Drawing attention to hiring stats, it said that when comparing Black people to other visible minorities in the federal government, “representation between the period of job application, through automated screening, through organizational screening, assessment and ultimately appointment fell from 10.3 per cent down to 6.6 per cent.”

This analysis ignored the fact Black people, accounting for only four per cent of the population, apply and are hired at higher rates compared to Chinese (five per cent of the population) and Indian minorities (seven per cent). Because Black people are comparatively overrepresented in hiring, this should satisfy DEI mathematicians. The numbers also don’t explain why failed applicants were screened out: were these applicants simply unqualified?

The report also finds that Black employees from 2005 to 2018 had a negative promotion rate relative to non-Black employees — another non-proof of racism, because it’s possible those employees simply didn’t merit a promotion. Federal departments, noted the report writers, have nevertheless wanted to make up for these discrepancies by focusing their efforts on hiring Black people — but were unable to, because the diversity target law targets the broader “visible minorities” group.

The task force also pointed to Canada’s “distinct history of slavery,” abolished by the comparatively progressive British Empire in 1834 before Confederation, as another reason for special status

Slavery was objectively wrong, but it is much less clear why it should factor into special hiring considerations today. There were relatively few slaves in Canada and not all of them were Black. It would be notoriously difficult to determine who in Canada is still affected by this history — and impossible to hold others living today responsible. Additionally, the majority of Canada’s Black population is made up of immigrants who are unlikely to trace family lines back to enslaved Canadian ancestors.

Source: Jamie Sarkonak: Liberals to mandate reverse discrimination with job quotas for Black, LGBT people

Link to full report: A Transformative Framework to Achieve and Sustain Employment Equity – Report of the Employment Equity Act Review Task Force (on my reading list)

Ottawa backs listing Black and LGBTQ workers under Canada’s workplace equity laws: source

Of note pending the official announcement. IMO, the addition of LGBTQ addresses the major gap in the Act as Black people are covered under visible minorities and desegregated data provides the needed granularity.

Will see the degree to which this is a priority for the government once legislation is tabled:

The federal government says it supports listing Black and LGBTQ people among groups facing systemic workplace barriers under the Employment Equity Act, CBC News has learned.

The Liberal government is backing the legislative change after a task force report recommended the move.

A source told CBC News earlier on Monday that Ottawa “broadly supports” that recommendation and others from a task force that reviewed the legislation. The government made an initial commitment Monday to modernize the act, the source said.

Labour Minister Seamus O’Regan and the task force chair, McGill University law professor Adelle Blackett, will present the committee’s findings outside the House of Commons foyer on Monday.

The stated purpose of the 1986 Employment Equity Act is to knock down employment barriers marginalized communities face. It identifies four groups that face additional barriers in the workplace: women, Indigenous peoples, people with disabilities and members of visible minorities.

Decades after the law’s passage, it is “startling to see how unrepresentative some employment remains across Canada,” the report states.

The task force recommends that Black workers comprise a separate group under the Employment Equity Act, instead of falling under the label of “visible minority.” Statistics Canada says 1.5 million people in Canada reported being Black in 2021. The Black population accounts for 16 per cent of the racialized population and 4.3 per cent of the overall population.

“Many Canadians may only recently have learned that slavery existed in Canada,” reads a section of the task force’s report, obtained by CBC News before its release. “The case for a distinct Employment Equity Act category specifically for people of African descent is rooted in part in the legacies of slavery.

“The history of segregation — in service provision, housing, schooling and employment — is also not well known in Canada.”

The task force cites Census Canada data which shows that Black workers tend to be overqualified for their jobs, work in low-level occupations and earn less money compared to non-racialized Canadians of the third generation or later.

The task force also recommended that LGBTQ workers comprise a new group under the law. One million people in Canada identify as LGBTQ and they account for four per cent of the total population.

A ‘disturbingly recent history’ of persecution

The task force report says LGBTQ workers have endured a “disturbingly recent history” of persecution. They were demoted or forced to resign for engaging in same-sex relationships, says the report.

“The Government of Canada has acknowledged and apologized for the fact that throughout the Cold War Era, from the 1950s through to the early 1990s in Canada, federal government employees faced a systematic campaign literally to purge them from the federal public service,” the report says.

The task force also is proposing replacing the terms “Aboriginal Peoples” and “members of visible minorities” with “Indigenous Peoples” and “racialized people” in the legislation.

The senior government source told CBC News that the “first step” the government will undertake is further consultation with affected communities, unions and employers on how best to implement the task force recommendations. Then, the Liberals will introduce legislation.

The task force report notes that women remain a group facing barriers that require removal. But it cites claims that progress with workplace equity has tended to benefit white women more than Indigenous or other racialized women.

“Early employment equity implementation has tended to focus on including women as a category without paying sufficient attention to diversity within the category of women,” the report says. “The need to approach the category of women in a disaggregated and intersectional manner was stated poignantly by many of the stakeholders who appeared before our task force.”

Ottawa announced the employment equity task force review in 2021. Its 12 members consulted Canadians, employer and worker organizations, civil society groups, experts and public sector representatives on modernizing the employment equity legislation that applies to all federally regulated workplaces.

More than 1.3 million people are employed in federally regulated industries and workplaces — about six per cent of Canada’s workforce.

Among other recommendations, the task force says parliamentary employees and public sector workers who operate abroad should be covered by the Equity Act.

Penalties too low, report says

Since the murder of George Floyd in U.S. police custody in 2020, the use of equity, diversity and inclusion (EDI) training and practices has increased in workplaces. But the report said EDI should not eliminate the need for robust legislation.

“Voluntary measures alone will not work to bring equity to Canadian workplaces,” it said.

The report says that penalties for violating the act are too low and are rarely levied.

“Our task force was informed that only four employers have ever received a notice of assessment of a monetary penalty,” the report says. “We learned that the last penalty was issued in 1991, which is also when the largest penalty was issued — $3,000.00.

“Someone needs to be making sure that reasonable progress is actually occurring, with a view to achieving and sustaining employment equity that is properly resourced and effectively structured to avoid incentivizing non-compliance. Employment equity must not be sacrificed to wishful thinking.”

The task force calls on the federal government to establish an independent equity commissioner who would report to Parliament.

The commissioner would take over tasks from the Canadian Human Rights Commission, whose “tiny” employment equity division can’t keep up with the oversight work, the report says.

The commissioner should have a separate budget, guaranteed in legislation, that reflects the number of employers in federally regulated sectors.

“It is time to break out of the idea that equity work should be done on a nickel and a dime,” the report says. “If we are committed to championing employment equity in this global moment of rising intolerance, if we understand how critical substantive equality is to our workplaces, our economy as a whole and our identity as Canadians, we must show it.”

Source: Ottawa backs listing Black and LGBTQ workers under Canada’s workplace equity laws: source