Accessibility commissioner resigns after suing federal government
Canada’s first accessibility commissioner has stepped down amidst a legal battle with the federal government over allegations of mistreatment towards staff. Michael Gottheil, the commissioner, tendered his resignation last week, with his departure becoming effective on Tuesday.
Gottheil’s lawyer, Peter Engelmann, stated that Gottheil plans to continue advocating for human rights, accessibility for persons with disabilities, and the rule of law, a cause he has championed for over 35 years.
The legal dispute began when Gottheil filed a lawsuit against the government and unnamed staff at the Canadian Human Rights Commission (CHRC) seeking over $2 million in damages for constructive dismissal, defamation, and breach of Charter rights. The government responded by filing a statement of defence last month, arguing that Gottheil’s behavior, characterized as “bullying and inflexible conduct,” was the primary cause of workplace conflict. An external investigation found that his actions violated workplace violence and harassment rules set for his position.
Justice Minister Arif Virani mandated that Gottheil undergo anger management training, leadership coaching, and other courses as part of the government’s response. Although the allegations against Gottheil have not been proven in court, the government’s defense claimed that his behavior towards staff was inappropriate and intimidating.
Gottheil, who was appointed as the accessibility commissioner in 2022, was tasked with ensuring compliance with Canada’s accessibility laws by government bodies and federally regulated private entities. However, issues arose regarding his treatment of staff at the CHRC, leading to an external investigation that cost over $230,000.
The government’s defense alleged that Gottheil displayed a pattern of anger and aggression towards staff, which created a hostile work environment. Despite claims made in the investigation’s final report, Gottheil denied mistreating staff and attributed misunderstandings to his disabilities, as he is blind and hard of hearing due to Usher Syndrome.
The lawsuit also mentioned instances of discrimination faced by Gottheil, including being provided with inaccessible documents and having accommodation requests ignored. The government refuted these claims, stating that all accommodation requests were met except for a wayfinding system still in progress.
As the legal battle continues, the CHRC is actively seeking a new accessibility commissioner to carry on the important work of ensuring a barrier-free Canada. Gottheil’s resignation marks the end of a turbulent chapter in his tenure, leaving behind a legacy of both accomplishments and controversies in the pursuit of accessibility and human rights.
