Canada’s fails to adhere to its International Human Rights obligations; we can’t have that

BY SIMONE J. SMITH

Despite Canada’s professed commitment to upholding the human rights of its citizens, evidence reveals a concerning pattern of disregarding the rights of African-Caribbean public service workers, particularly concerning systemic anti-African discrimination within the federal public service.

Regardless of the efforts to promote equality and diversity, systemic barriers persist, impeding the advancement and fair treatment of African-Caribbean individuals within these institutions. This disparity highlights a significant gap between rhetoric and reality, necessitating urgent action to address entrenched discrimination and ensure genuine equity for all Canadians.

On July 17^th, 2023, Amnesty International Canada filed a motion to intervene in the Black Class Action Secretariat (BCAS) class action. The court granted their motion on February 8^th, 2024, despite strong objections from the Government of Canada.

Amnesty International Canada’s intervention in this landmark legal battle is a firm indictment of Canada’s failure to adhere to its international human rights obligations. Through its engagement, Amnesty International Canada casts a spotlight on what it categorizes as Canada’s egregious violations of international law, specifically in relation to systemic anti-African discrimination within the federal public service.

They assert that the actions of the Canadian government starkly contravene principles set forth in key international human rights treaties, including the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and the International Covenant on Civil and Political Rights (ICCPR), to both of which Canada is a signatory.

In a strong rebuke of Canada’s practices, Amnesty International Canada emphasizes the critical importance of aligning the Canadian judicial system’s operations with the nation’s international legal commitments. Their submissions to the court aim to rigorously underscore the imperative for judicial proceedings to reflect a deep respect for, and compliance with, international norms governing equality and non-discrimination.

They articulate a powerful argument that Canada’s neglect in providing equitable opportunities for hiring and promotions to African-Caribbean employees not only constitutes a violation of domestic standards, but also represents a clear breach of international legal standards aimed at eradicating racial discrimination.

The next court date is scheduled for April 2^nd, 2024, at the Federal Court in Toronto. They urge members and supporters to come out in large numbers to fill the courtroom, showing strong support for the cause.

The BCAS Coalition has also filed a complaint against the Canadian Human Rights Commission, and they are demanding accountability.

On February 26^th, 2024, a coalition led by the Black Class Action Secretariat (BCAS) including several organizations such as: the Public Service Alliance of Canada (PSAC), National Union of Public and General Employees (NUPGE), and the Canadian Black Nurses Alliance (CBNA), filed a formal complaint against the Canadian Human Rights Commission (CHRC). The complaint centers on findings from the Treasury Board Secretariat and the Senate Human Rights Committee, that the CHRC discriminated against African Caribbean and racialized employees, violating the Paris Principles, which guide the work of national human rights institutions.

The coalition’s actions aim to hold the CHRC accountable for its discriminatory practices, highlighting issues such as: higher dismissal rates of race-based complaints, and exclusion of African Caribbean and racialized employees from promotions. These practices contravene core international human rights treaties, underscoring the CHRC’s failure to fulfill its mandate as Canada’s federal watchdog against discrimination.

This move is unprecedented in its aim to address systemic discrimination within the Federal Public Service of Canada, and the coalition seeks a review of the CHRC’s accreditation status by the Global Alliance of National Human Rights Institutions (GANHRI).

There must be reform within the CHRC including amendments to the Canadian Human Rights Act, the Employment Equity Act, and the appointment of a Black Equity Commissioner. The coalition’s efforts underline the critical need for substantial changes to ensure the CHRC can effectively protect individuals from discrimination and foster an inclusive society.

It is imperative that we recognize and appreciate organizations such as the Black Class Action Secretariat, and Amnesty International Canada for their invaluable role as watchdogs, tirelessly standing up for us, particularly against the Canadian government. In the face of systemic injustices and discrimination, these organizations serve as vital advocates, amplifying our voices and holding institutions accountable for their actions. Their dedication to fighting for justice and equality is instrumental in driving meaningful change and ensuring that our rights are protected and upheld. We owe a debt of gratitude to such organizations for their unwavering commitment to advancing the interests of the Black community.