Global Courant 2023-05-05 00:46:18
A year after the federal government touted its “historic appointment” as Canada’s first accessibility commissioner, the government has ordered an outside investigation into allegations he mistreated staff, CBC News has learned.
Attorney General David Lametti said he became aware of “the situation” in January and asked his department to look into it.
The Justice Department has engaged Ottawa firm Quintet Consulting to investigate allegations against Commissioner Michael Gottheil. According to emails viewed by CBC News, the company will begin interviews next week.
The investigation comes months after the Canadian Human Rights Commission (CHRC) laid out for staff what it called “protective measures,” which dictated how meetings with Gottheil should be conducted.
A group of CHRC staff wrote a letter to the Justice Department in March saying they first raised concerns about Gottheil with the commission in November 2022.
The letter contains no specific examples of Gottheil’s alleged behavior, other than claims that he was a “toxic influence” in the workplace and allegations of a “psychologically unsafe and difficult work environment”.
Through his lawyer, Gottheil told CBC in an email that these allegations were new to him, that he would participate fully in the investigation and that he looked forward to “a fair, impartial and comprehensive trial”.
In the March letter, employees questioned how much time it would take the department to hire a third party to investigate — a delay they say caused additional “stress and anxiety” for affected employees.
Three senior employees left “critical management positions” after concerns were raised with the committee, the letter said.
“These losses are wholly or largely due to Mr. Gottheil’s conduct and the toxic impact he has had on our work environment,” reads the March 31 letter to the department.
“None of these individuals wanted to leave. In addition, at least two remaining individuals are considering leaving the Commission because of this psychologically unsafe and difficult work environment.”
Attorney General David Lametti says his department has tasked a third party with investigating the allegations “to ensure there is a fair trial”. (Justin Tang/The Canadian Press)
Lametti said his department acted “quickly” to bring in a third party to investigate.
“I took it seriously,” Lametti told CBC News. “We need a fair trial that respects the rights of all involved.”
Gottheil is a governor-appointed official who investigates complaints about workplaces not complying with Canadian accessibility regulations. About two dozen officials on the commission support Gottheil’s work, but do not report directly to him, as he is not an employee of the CHRC.
As governor-in-council appointee, Gottheil is expected to maintain “the highest standards of fairness” and treat everyone in the workplace with “respect, equality and dignity,” according to the terms and conditions in place for public office holders.
Happy to announce that Canada has its first accessibility commissioner, Michael Gottheil. He will help ensure that the measures and rights outlined in the Accessible Canada Act become a reality. pic.twitter.com/ZZYbcW72cT a>
In a statement sent to CBC News through his attorney, Gottheil confirmed the existence of the investigation, but said he understands no formal complaints have been filed.
“After more than five months, I am still not aware of the details of any allegations against me,” Gottheil said in the statement. “Nevertheless, I will participate fully in the investigation and look forward to a fair, impartial and inclusive process.
“My career has been dedicated to promoting and protecting accessibility, human rights and fairness for all Canadians,” Gottheil added. “I have worked as a lawyer, human rights mediator and decision maker for over 35 years.
“In that regard, I have always been committed to fair trials and the proper conduct of those trials. I was not aware of the new allegations you have brought forward. In any case, allegations must be investigated and a fair, impartial and comprehensive process is the right way to do it.”
As for the allegations about Gottheil’s conduct, his attorney Peter Engelmann called it “new” information. Engelmann said he contacted the Justice Department to confirm the nature of the claims.
‘Protective measures’
Internal documents viewed by CBC News show top officials from the CHRC and multiple government departments have been involved in the case over the past five months.
Interim Chief Constable Charlotte-Anne Malischewski and Executive Director Ian Fine informed staff before the winter break by email that all future meetings between staff and Gottheil would be virtual, rather than in-person, and that they would be attended by at least two or more staff members .
Malischewski and Fine also told employees that “emails and written” memos are the committee’s “preferred means of communication” between Gottheil and staff, according to the email reviewed by CBC News.
The email stated that the Privy Council Office had approved the measures.
WATCH/Minister of Justice confirms third-party investigation
Justice minister says department moved ‘swiftly’ to investigate workplace complaints
Justice Minister David Lametti says a third party is investigating alleged workplace concerns involving Canada’s first accessibility commissioner, Michael Gottheil. Gottheil says he is not aware of any complaints and looks forward to a fair, impartial trial.
The head of the committee’s human resources department also wrote to staff, saying that virtual meetings with Gottheil would be recorded.
“If at any time you feel that the tone or content of communication in a meeting is disrespectful, or could be psychologically damaging to you, you may choose to leave the meeting immediately,” Alexander Patenaud, head of human resources, wrote. of the CHRC. an email to employees on December 2, 2022.
The CHRC is already under investigation in the Senate after a report found it had discriminated against its black and racial employees.
In response to the Quintet Consulting investigation, the CHRC said that “while we cannot comment on confidential personnel matters, the Commission takes seriously its obligation to maintain a safe and healthy workplace that is respectful and inclusive.”
The committee was the one that asked the Attorney General to launch an investigation into the “reported allegations,” according to an April document written by Quintet Consulting and viewed by CBC News.
Consultancy expects to write a report
As part of the investigation, Quintet Consulting is collecting evidence from the employees who reported problems with Gottheil, along with Gottheil himself and witnesses, says a document written by Quintet Consulting and shared with those who participated in the process.
The researcher will prepare a preliminary report with conclusions, the Quintet document said. Justice Canada will then have a chance to review the report for procedural fairness before finalizing the report, the document said.
The document contained a confidentiality agreement that Quintet expects the interviewees to sign.
In an email to CBC News, VP Julien Adant of Quintet Consulting said “there is no information we can share on this matter.”
The Justice Department said it is investigating “as soon as possible” and would not comment further to protect the confidentiality and integrity of the investigation.
“We hope to get a result as soon as possible, but we have to ensure fairness,” said Lametti.
