Accessibility commissioner asked to address recommendations of report looking into claims he mistreated staff
Justice Minister Arif Virani has asked the country’s first accessibility commissioner to address the recommendations coming out of an external investigation into claims that he mistreated staff at the Canadian Human Rights Commission.
The third-party investigation into Michael Gottheil, which cost taxpayers more than $230,000, is complete and the final report has been issued to Virani, says the Department of Justice.
The commission told CBC News in a statement that Gottheil “will be continuing in his role.”
The government hired consulting firm Quintet Consulting to investigate more than a year ago after a handful of employees raised concerns about Gottheil’s conduct in 2022.
The staffers said Gottheil had a “toxic impact” on the workplace and claimed they were in a “psychologically and unsafe work environment” but did not provide specific examples, according to a letter CBC News has viewed.
Virani’s office wouldn’t say what the investigation found or recommended. It said it would not comment in order to protect the “integrity of the process.”
In a statement issued to CBC News, a Department of Justice spokesperson said the minister “has provided direction to the [commission] and Mr. Gottheil to address the recommendations made in the report.”
Gottheil did not respond to requests for comment. His lawyer Peter Engelmann said his client “responded to the workplace concerns raised with him by participating in and meeting the expectations” of the government’s review process. He said Gottheil and everyone else involved signed a confidentiality agreement.
“Mr. Gottheil participated fully and honestly in the Quintet investigation and he has kept his commitments,” Engelmann said in a media statement.
“He will continue to respect the integrity of this process going forward.”
Work underway to address recommendations
Last year, in a separate matter, a Senate report warned of a “crisis of confidence” after racialized staff at the Canadian Human Rights Commission (CHRC) reported anti-Black racism in the workplace.
The government recently issued a new directive to improve its vetting process for governor-in-council appointees after admitting it failed to vet controversial social media posts by the CHRC’s incoming chief commissioner. Now, all candidates’ online aliases must be reviewed and shared with the Canadian Security Intelligence Service, the RCMP and the Canada Revenue Agency during background checks, the Privy Council Office said.
Gottheil was given a five-year term in 2022 as a governor-in-council (GIC) appointee on the recommendation of former minister of justice David Lametti. His appointment was described by the federal government at the time as a “historic” effort to make Canada more inclusive and barrier-free.
As a GIC appointee, Gottheil is expected to uphold “the highest standards of probity” and treat everyone in the workplace with “respect, equality and dignity” at all times, according to the terms and conditions of his appointment. Appointees “serve during good behaviour” and may only be removed for cause, the terms say.
The CHRC said it has accepted the recommendations in Quintet Consulting’s final report and is working toward implementing them. The commission would not provide details, citing confidentiality.
Commission launched its own review
CBC News has learned that, following its reporting on the commission’s handling of allegations against Gottheil, the CHRC launched a separate third-party review this year to find out if staff leaked confidential information.
The commission said it spent close to $13,000 in public funds to hire external workplace investigator Simner Corporation. From February to May, the company looked into “whether there had been any wrongful disclosure of confidential information,” the commission said.
The commission wouldn’t disclose what Simner Corporation learned, saying that the “findings of the review are confidential.”
The person in charge of investigating whether Canada’s accessibility act is being obeyed is now under investigation himself. Some employees allege accessibility commissioner Michael Gottheil mistreated staff. Gottheil denies those accusations.
CBC News reported last year that the CHRC’s interim chief commissioner Charlotte-Anne Malischewski and executive director Ian Fine informed staff by email before the winter holidays that it was putting in place what it called “protective measures” endorsed by the Privy Council Office.
The email, viewed by CBC News, said all future meetings between Gottheil and staff would be conducted virtually, rather than in-person, and two or more staff must be present.
Staff were also told the “preferred means” of communication between Gottheil and employees were “emails and written memorandum,” according to the email.
The employees who raised concerns with the CHRC later told the Department of Justice in a March 2023 letter that three senior employees in “critical management positions” left the commission, and two others were considering leaving, due to the work environment. They said that the months-long wait to see their claims investigated was causing additional “stress and anxiety” for affected staff.
Gottheil’s lawyer said his client has never seen or been given a copy of that letter.
Justice Minister David Lametti says a third party is investigating alleged workplace concerns involving Canada’s first accessibility commissioner, Michael Gottheil. Gottheil says he’s unaware of complaints and looks forward to a fair, impartial process.
Roughly two dozen public servants at the commission help support Gottheil’s work, which includes carrying out inspections and issuing monetary penalties for violating the Accessible Canada Act.
Gottheil has not responded to CBC’s multiple requests for an interview since June 26. Engelmann said his client is on holiday and provided a comment on his behalf.
“People have professional, legal and ethical obligations when discussing matters related to human resource matters and related processes,” Engelmann told CBC News.
“This is particularly true in the context of workplace investigations and process. Confidentiality is integral to these processes, because it ensures people can speak openly, freely and privately.”
Last year, Gottheil told CBC News his career has been “dedicated to promoting and protecting accessibility, human rights and fairness for all Canadians.”
“I have worked as a lawyer, human rights mediator and decision maker for over 35 years,” Gottheil said. “In that regard, I have always been committed to fair processes, and for those processes to run their proper course.”
When asked by CBC News what support the commission is giving to affected employees, the commission said that “while proactive measures have been taken and support made available throughout, we cannot speak to the specifics of HR matters for confidentiality reasons.”
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