Harper wants to ‘examine’ ban on niqab in public service and the ‘duty to accommodate’

2015/10/08 Leave a comment

Beyond playing identity politics on the issue, there is a need for a more substantive discussion, based upon evidence (including the data on the religious affiliation of public servants as in my background note Religious Minorities in the Public Service) and how the “duty to accommodate” policy would be applied in the case of a request (and how any previous requests – if they exist – were handled).

Any request would not just be handled at the working level but would most likely involve HR officials and more senior officials and would likely emerge into the public domain.

A quick review of TBS’s Duty to accommodate guide for managers shows it largely focuses on accommodation for persons with disabilities, with little guidance with respect to religious accommodation. The Canadian Human Rights Commission and provincial equivalents provide more guidance and examples, but no examples of niqabs or gender-based segregation based upon my quick review (corrections welcome).

And a reminder, the duty to accommodate does not mean agreeing to the specific request or the specific form of accommodation requested:

A re-elected Conservative government would “examine” whether to prohibit public servants from wearing the face-covering garment known as the niqab, leader Stephen Harper said Tuesday.

“That’s a matter we’re going to examine,” Harper told Rosemary Barton during an interview on CBC’s Power & Politics Tuesday. “Quebec, as you know, has legislation on this. We’re looking at that legislation.”

The prime minister was referring to Bill 62, introduced by Quebec’s Liberal government in June, which contains measures to prohibit public servants from wearing niqabs in provincial offices.

Harper’s notion earned swift denunciations.

“Stephen Harper is trying to play politics with sensitive issues. It smacks of political manipulation,” said Paul Dewar, the incumbent NDP candidate in Ottawa Centre.

Catherine McKenna, the Liberal candidate in Ottawa Centre, agreed. “The niqab in the public service is not a serious issue, it’s a diversion tactic.”

Ron Cochrane, co-chairman of the National Joint Council, called it an “example of Harper trying to create a problem where there isn’t one now.”

“If there are people who wear the niqab providing services to Canadians, no one has ever complained about their dress, so why is he making it an issue when it hasn’t been before?”

“This election is too important to be distracted by Mr. Harper’s questionable tactics,” said Debi Daviau, president of the Professional Institute of the Public Service of Canada. “Unlike this prime minister, we respect the rule of law and our focus is on defending our ability to deliver essential public services to Canadians.”

The niqab issue has become a hot-button election topic in recent days, as the Federal Court of Appeal rejected the government’s application for a stay of a Federal Court decision in favour of a Muslim woman, Zunera Ishaq, who wants to wear a niqab during her citizenship ceremony.

Source: Harper wants to ‘examine’ ban on niqab in public service | Ottawa Citizen

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PS fighting for respect in election, not sick leave

2015/10/06 Leave a comment

Reaction by public sector unions to PM Harper’s letter (Stephen Harper writes open letter to Canada’s ‘world-class public service’ in order to correct ‘misinformation’), appropriately focusing on the higher level issues of the relationship and trust:

Canada’s public servants won’t buy Conservative leader Stephen Harper’s last-minute love letter to them because respect and the ability to do their jobs — not sick leave benefits and pensions — are what they are fighting for in this election.

Debi Daviau, president of the Professional Institute of the Public Service of Canada, said Harper’s recent open letter to public servants, patting them on the back and offering assurances that sick leave reform will be fair and pensions untouched, totally missed the mark of what public servants and their unions are campaigning for.

“We aren’t active in this election because of sick leave and pensions … These aren’t public servants’ issues and I don’t think our members will be fooled by it,” said Daviau.

“What it comes down to is that we don’t believe that Canada’s public service can survive another Harper government mandate.”

Harper’s letter zeros in on sick leave and pensions — the terms and conditions of public service employment that have been under attack by the Conservatives. Sick leave is the big hot-button issue in the ongoing round of collective bargaining with federal unions.

But Daviau said those are “Harper’s issues” and the letter is a “trap” — a last-minute effort to woo the public service vote in Ottawa while portraying public servants for Canadians as “petty” and only concerned with pay and benefits.

Federal unions have been very active in this campaign, their focus on eroding public services caused by budget cuts and the deteriorating relationship between public servants and the government. For many public servants, the big concerns revolve around the culture of fear and erosion of the traditional role of the public service.

The Liberals and NDP have both announced public service platforms aimed at rebuilding the relationship and restoring trust.

Source: PS fighting for respect in election, not sick leave | Ottawa Citizen

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Stephen Harper writes open letter to Canada’s ‘world-class public service’ in order to correct ‘misinformation’ | National Post

2015/10/03 1 Comment

This is funny and is likely not targeted at public service voters:

After publicly taking swipes on the campaign trail at bureaucrats in Ottawa, Stephen Harper and the Conservatives say they are the party to best protect the interests of federal public servants and are proud of Canada’s “world-class public service.”

Harper released an open letter Thursday to Canada’s public service that thanks them for their hard work on implementing government policies and cutting red tape, but also tries to correct “misinformation” he says is being spread by opposition parties and unions about the government’s plans on sick leave and pensions.

With Conservatives facing tough challenges in a number of Ottawa-area constituencies – including John Baird’s former riding of Ottawa West-Nepean – the Tories put on a full-court press Thursday to try to solidify the support of voters in the National Capital Region and combat recent announcements from the NDP and Liberals about their commitments to the public service.

Unfortunately, in the current election context, misleading statements are being made about certain issues that matter to you and your families, including sick leave and pension entitlements

Senior Ottawa Conservative MP Pierre Poilievre, flanked by several Ottawa-area Conservative candidates, Thursday unveiled Harper’s letter to the public service and try to reassure bureaucrats that they have nothing to fear should the Conservatives win another mandate.

Harper, in his two-page letter, lauded the work of federal bureaucrats in Ottawa and elsewhere.

“Canadians are well-served by our world-class public service, and I have seen this first-hand as Prime Minister. During our time in Government, we have worked with you to ensure your efforts are focused on the things that matter most to Canadians, and to create a healthier workplace where good work is recognized, red tape is removed, and benefits meet real needs,” Harper says in the open letter.

“Unfortunately, in the current election context, misleading statements are being made about certain issues that matter to you and your families, including sick leave and pension entitlements.”

Source: Stephen Harper writes open letter to Canada’s ‘world-class public service’ in order to correct ‘misinformation’ | National Post

Full text of the letter: Open letter 2[1]

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Court won’t block rollout of new screening process for public service | Ottawa Citizen

2015/10/02 Leave a comment

While I understand the Court’s reasoning with respect to fingerprinting, credit and criminal checks, as these are objective measures, I am less convinced by the need for sweeping searches of social media, given the greater degree of subjectivity in assessing security risks (e.g., while advocating for ISIS is an easy one, what about environmental activism, criticism of government policies etc).

Given that new recruits will invariably be digital natives, with rich social media histories, there will invariably be less clear cases. The old adage remains, ‘let he or she who is without sin,’ as most new employees will likely have some sharing that in retrospect was not wise:

The Federal Court has refused to stop the rollout of a new security screening process for Canada’s public servants, which includes fingerprinting, credit and criminal checks and sweeping searches of social media as the minimum clearance needed for the job.

The decision was a setback for the Professional Institute of the Public Service of Canada, which had sought an injunction to partly halt the implementation of the process, which is supposed to be fully operational by October 2017.

The union is appealing the decision.

In her decision, Federal Court Judge Catherine Kane said the union raised a “serious issue” but failed to prove the key tests needed for an injunction. She said the union didn’t provide “concrete evidence” of “irreparable harm” and offered only “speculative assertions” that the public interest would be harmed by proceeding.

“The applicants have raised one or more serious issues but have not established with any non-speculative evidence that any one of its members will suffer irreparable harm in the interim period,” Kane wrote.

The judge, however, found that the government would face “irreparable harm” if it had to halt the process and such a delay would not be in the public interest in ensuring Canada’s national security.

“There is also a public interest in maintaining international relations and in maintaining the trust and confidence of Canadians in the government employees who administer and deliver programs and services and have access to a wide range of information from and about citizens,” Kane wrote.

“The public has an interest in ensuring that government employees who handle their information are properly screened.”

PIPSC originally filed a legal challenge alleging that the new screening process is unconstitutional and violates the Privacy Act. That case has not yet been heard.

Meanwhile, it sought an injunction to stop public servants from the “irreparable harm” of turning over all kinds of personal and sensitive information before that court decision is rendered. It argued that once information is revealed and privacy is lost, it can’t be regained.

Departments have until October 2017 to implement the new security standard, which replaced a 20-year-old standard. Implementation coincidentally began days before the killing of a Canadian soldier in Quebec and the shooting of reservist Nathan Cirillo at the National War Memorial, which threw the government into a heightened security crisis.

Like the old policy, the new security protocol requires a basic reliability status and an enhanced reliability status. There is also a secret and top-secret security clearance.

PIPSC is objecting to the amount of information the government will be collecting for the “basic reliability status” — the minimum standard of screening for any public service job — arguing that the type of information required is unreasonable, unnecessary and unjustified.

The institute says that credit and criminal checks with fingerprinting and open-source searches are invasive and not necessary for most ordinary employees who don’t work in intelligence and security.

It argued the screening measures force employees to reveal details about their lifestyle and personal choices. They violate “reasonable” expectations of privacy and “employees shouldn’t have to trade off privacy rights” to become employees.

The union wanted the government to go back to the old standard for those who don’t need “enhanced reliability status” until the court decides on its constitutional challenge.

The government, however, argued the overhaul was necessary because the old one didn’t live up to the security standards of Canada’s allies. Halting screening for basic reliability would be confusing and unworkable because it’s the base level all employees would have to meet first.

The government has been screening employees since the 1940s, but a standard was not introduced until 1994. The government argued it had to modernize the standard to keep up with technology changes, security threats and to “maintain trust in government by citizens, stakeholders and other foreign governments.”

The government also noted that credit and criminal checks, including fingerprinting, aren’t new and were previously done on a case-by-case basis.

The government said that old policy had already been rescinded so there would be a big gap in screening which would undermine Canada’s relationship with its allies and their confidence in Canada’s security.

In her ruling, Kane said the basic reliability status was the foundation for all security clearances, and reverting to the previous standard would be “impractical, inefficient, costly and would create inconsistency, confusion, gaps in security screening pending the determination of the judicial review.”

She said government has a responsibility and authority to make policy to screen its employees and contractors to “ensure proper administration of government.”

“Modernization of the standard is in the public interest. The advances of technology cannot be ignored,” she wrote.

“On the one hand, technology that allows broad access to networks of information and collaborative work environments has many benefits but, on the other hand, permits a wider range of people to access information they otherwise had no access to and no need to access. “

She said drawing that line between employees’ privacy and ensuring that government programs operate securely “is not the role of the court on this motion.”

 Source: Court won’t block rollout of new screening process for public service | Ottawa Citizen

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Religious Minorities in the Public Service: What the data tells us

2015/10/01 Leave a comment

Public_Administration_-_Religious_Minorities_-_Core_Public_AdminTo complement the employment equity analysis in my book Multiculturalism in Canada: Evidence and Anecdote (see here), I applied the same methodology using NHS data for religious minorities.

This was prompted in part by Minister Clement’s comment that hijabs and niqabs “are frequently worn” in the public service and that “I’m sure we have employees in the public sector who wear a niqab – I’m sure we do.”

The full series of charts, tables  and related analysis are found here.

The main conclusions:

Policy makers at all government levels should complement their internal employment equity data with the NHS to assess whether there are issues with respect to particular groups. This analysis of religious and visible minority data indicates that there is variation among groups, and this needs to be considered as part of employment equity strategies and programs. The five-year frequency of this NHS data also provides a longer-term view of employment equity trends than the annual government reports, which tend to focus on year-to-year changes.
Given overall demographic trends, the percentage of newer religious minorities in government will likely continue to increase. While most members of religious minorities may not need or request accommodation, the more traditional members will, and it is likely that the number and type of requests will increase.
Getting back to Minister Clement’s statement, while we know that some 8,800 Canadian Muslims work for the federal government (47 percent women), we do not have any information regarding their religiosity and the extent to which deeper religiosity is reflected in men’s facial hair or women’s head coverings (which do not mean identical religiosity, beliefs or interpretations of the respective religions). Nor do we have such information regarding other religions (e.g., Canadian Jewish public servants wearing the kippa, or Canadian Sikh public servants wearing turbans and carrying the kirpan). Nor to my knowledge is there any publicly available summary of religious accommodation requests.
We may not have hard numbers to back his assertion that “we have employees in the public sector who wear a niqab.” However, any public servant who wished to wear a niqab would provoke considerable bureaucratic discussion regarding whether this could be accommodated. That no such discussion has come to light suggests that there are no such cases at the federal level.
At some time, however, it is likely that someone will request such an accommodation (just as voting, citizenship and judicial processes have shown). While some would argue that such a request should be accommodated, this would not be healthy to an integrated workplace and society given the degree to which the face provides needed cues to interpret words.
In the interim, the public service may wish to consider collecting and analyzing data related to accommodation requests in core public administration to complement employment equity reporting and strengthen the current framework by providing a more comprehensive and consistent evidence base.

 

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Kevin Page delivers a warning to the public service

2015/09/28 Leave a comment

Excerpt from Kevin Page’s book, Unaccountable: Truth and Lies on Parliament Hill. Some uncomfortable observations that merit reflection:

The ethical values section of the code speaks to a public service reflecting the need to act at all times in such a way as to uphold the public trust. It says that public servants shall act at all times in a manner that will bear the closest public scrutiny, an obligation that is not fully discharged by simply acting within the law.

This does not happen when deputy ministers refuse to provide spending plans to Parliament and the PBO that outline where Budget 2012 cuts will take place, along with an explanation of how those cuts will affect services to the public. Shame on all of us for sticking our collective heads in the sand.

Finally, under the code, the people values stipulate that public servants should demonstrate respect, fairness, and courtesy in their dealings with both citizens and fellow public servants. It says that appointment decisions in the public service shall be based on merit and that public service values should play a key role in recruitment, evaluation, and promotion. This did not happen with the recruitment of the new PBO.

What I learned from my PBO experience is that our public service has become good at avoiding accountability and transparency. The result is that public trust in the public service declines. Jane Jacobs, the famous American-Canadian urban activist, said “the absence of trust is inimical to a well-run society.” If only we could institutionalize trust, but alas, that is impossible.

Our public service leaders are going to have to step up and earn trust! To my friends and colleagues in the public service, I say this: Blueprint 2020, more than anything else it espouses, must be about restoring trust to the public service in Canada.

Source: Kevin Page delivers a warning to the public service | Ottawa Citizen

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Public servants brace for war against Conservatives | Ottawa Citizen

2015/09/11 Leave a comment

More on the Tony Turner fall-out and the public service unions campaigning against the Conservatives:

It’s unclear when Environment Canada — Turner’s employer — will make a decision on whether the singer breached the ethics act with his song. This will turn on whether he can still be perceived as objective and impartial at his job, which is tracking migratory bird patterns.

But [Donald] Savoie and [Ian] Lee agree on one thing: the partisan Harperman performance could undermine any party’s trust in the neutrality of public servants and could particularly reinforce the Tories’ long-held view that bureaucrats are mostly a bunch of Liberals.

“The public service should be concerned about this,” said Savoie. “If the Conservatives are re-elected … they can question if they can really get policy advice that supports their agenda without fear or favour,” he said.

“If Harper sees this video he might say, ‘We can’t trust public servants’ advice …. so let’s go somewhere else.’ This doesn’t help a relationship that has been strained for years.”

Agree with Savoie as both the Turner song and the union campaign will only further Conservative distrust of the public service, not without reason.

Source: Public servants brace for war against Conservatives | Ottawa Citizen

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Our health needs a healthy civil service: Picard

2015/08/19 Leave a comment

André Picard on the importance of a strong regulatory capacity and public service. His comment on Blueprint 2020 (highlighted) is unfortunately all too true:

Among other things, we need drug regulators who can regulate rigorously, free of political and corporate pressures. More broadly, we need a public service that works, and is free to work, in the public interest.

It’s not enough to have laws – let’s not forget that drug regulations were similar in Canada and the U.S. at the time thalidomide came along – we need people who can give those laws life, to embrace the spirit and not just the letter of the law, especially when it comes to ensuring public safety.

In short, we need to foster a new generation of Dr. Kelseys.

Sadly, we are doing exactly the opposite.

We have a public service that is muzzled, emasculated, derided and decimated.

There are about a quarter-million federal public servants in Canada, a considerably lower figure than from a decade ago. They serve a broad variety of functions from, overseeing national parks to ensuring aviation safety, and everything in between.

It is in our best interest, economically as well as socially, that every one of those workers serves a useful function.

Yet consultations with the public servants show that they feel mired in red tape and frustrated by cumbersome processes that leave them unable to do their jobs. That’s why the Privy Council has undertaken an initiative to transform the public service, dubbed Blueprint 2020.

The plan features some lovely rhetoric, such as Conservative Leader Stephen Harper saying in the introduction: “An agile, efficient and effective Public Service is essential to the well-being of Canadians.” And it is chock-full of good intentions.

But Blueprint 2020 lacks of a clear philosophical bent and strong political commitment to an independent, empowered public service.

What is required, especially in these difficult economic times, is a scientific, non-partisan approach to drafting and implementing policy.

While it is fashionable to bad-mouth the bureaucracy and sing the praises of free market, public regulation plays an essential role as a ballast to corporate excesses driven by self-interest.

The role of government, duly elected, is to formulate legislation and other policies in what it believes is the best interests of citizens. But its role is not to micromanage and bark orders down the line. Rather, elected officials should depend on civil servants for thoughtful, independent advice, especially on scientific matters.

What we need today is evidence-based policy-making if, for no other reason than it produces better policy.

Public servants should not be toadies, singing the praises of ill-conceived or partisan initiatives. Nor should they be muzzled. They should be offering constructive criticism to ensure policies are workable and fair, and analysis and insight that helps avoid unintended consequences.

For this, we need to create an atmosphere where public servants can innovate, take risks, and, as Dr. Kelsey did, call B.S. when necessary.

If we want better government and more sensible public policies, we need to give public-sector employees autonomy, authority and responsibility.

That, rather than a celebration of individual heroics, should be Frances Kelsey’s legacy.

Our health needs a healthy civil service – The Globe and Mail.

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Reevely: Sticking up for the public service a tricky line for Ottawa politicians

2015/08/07 Leave a comment

On the public service and political level relationship, picking up some of the themes of my book, Policy Arrogance or Innocent Bias: Resetting Citizenship and Multiculturalism:

They [the Conservatives] fired the head of the Canadian Nuclear Safety Commission for being too meticulous about nuclear safety, forced the head of Statistics Canada to resign on principle, went to war with Parliamentary budget officer Kevin Page and Elections Canada boss Marc Mayrand. Ombudsmen for veterans and victims of crime lost faith in the Tories and said so publicly, then got frozen out.

That the Conservatives would be suspicious of the public service is understandable: A small-government party isn’t naturally friends with people who work in the government, who’ll tend toward statist solutions to public problems. And there’s a real divide between public-sector workers with stable employment and private-sector ones in Canada’s growing precariat (some of whom actually work for the government as temps, creating a shadow public service that began under the Liberals).

The Tories’ approach to the genuine challenges they have with the public service has, in the main, been to dump on public servants generally and get rid of specific senior ones who get too uppity. That might be satisfying for certain elements of the Conservative base but does not actually get Canada a better government. After nine years in power, they’ve likely effected about as much genuine reform as we can hope for.

But it says a great deal about how low the relationship between the politicians and the public service has gotten that “we would listen to the advice of professionals even if we don’t always take it” counts as a meaningful change from the way the Canadian government works now.

Reevely: Sticking up for the public service a tricky line for Ottawa politicians | Ottawa Citizen.

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Back to the beginning: the Conservatives burst a hiring bubble of their own making

2015/08/01 Leave a comment

Back_to_the_beginning__the_Conservatives_burst_a_hiring_bubble_of_their_own_making___Ottawa_CitizenGood analysis by James Bagnall on public service employee number swings. Most interesting figure for me was shift from the regions to Ottawa/Gatineau (from 33.9 to 39.4 percent), reflecting in part that the decisions are made in the capital, not the regions, and likely disproportionate cuts to service delivery. The controversy over the closing of Veterans Affairs example being the most public example, with cuts to CIC’s regional network being partly responsible for the dramatic decline in the number of new citizens in 2012 and 2013 :

The initial rapid rise in the size of the federal workforce was a response to the onset of the 2008 financial crisis. The thinking was that if the private sector stopped spending, government had to pick up the slack to prevent economic collapse.

When it became apparent a couple of years later that the world hadn’t ended, the Conservatives reasserted a party imperative: the budget must balance. The late finance minister Jim Flaherty began signalling restraint in 2010, then accelerated things with his March 2012 budget. An important catalyst was the introduction of executive bonus programs that rewarded managers who trimmed their budgets.

Huge swings in government employment aren’t unique to Conservatives. The Liberals under prime minister Jean Chrétien implemented equally drastic cuts in percentage terms during the mid- to late-1990s. Chrétien and his finance minister, Paul Martin, had little choice. Interest payments on the federal government’s debt consumed 31 per cent of total revenues and were growing.

Even after adding more than $150 billion to taxpayers’ debt burden, the Conservatives budget is still much healthier. Last year, debt interest represented little more than 10 per cent of revenues, thanks in large part to substantially lower interest rates than were faced by Chrétien.

An unexpected result of the Conservative government’s recent retrenchment has been a sharp rise in the percentage of public sector employees based in the National Capital Region. According to data compiled by Statistics Canada, 39.4 per cent of the federal government’s workforce in June lived in Ottawa or Gatineau – compared to just 33.9 per cent when the Conservatives were sworn in almost nine-and-a-half years ago.

Indeed, had it not been for this centralization, the economy of the National Capital Region might have dipped perilously close to recession. Another way to look at it: From early 2006 to mid-2015, the Conservatives added 18,700 government jobs in Ottawa and Gatineau – and took away 15,200 from the rest of the country. Among the federal departments disproportionately hurt by the job losses were Veterans Affairs, Agriculture, Defence, Employment and Environment – organizations with a strong presence nationally.

Whoever wins the federal election will find much within the government’s workforce in need of repair – and many employees who would like to see an end to the wild swings of the past 20 years.

Back to the beginning: the Conservatives burst a hiring bubble of their own making | Ottawa Citizen.

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