Report of the Commission on Equality in Employment Judge' Rosalie Silberman Abella Commissioner October, 1984 @Minister of Supply and Services Canada 1984 Available in Canada through Authorized Bookstore Agents and other bookstores or by mail from Canadian Government Publishing Centre Supply and Services Canada Ottawa, Canada KIA OS9 Catalogue No. MP43-15711-19848 Canada: S18.00 ISBNO-660-11736-3 Other Countries: $21.60 Price subject to change without notice This report is also available on cassette. Her Excellency The Governor General in Council Pursuant to my appointment by Royal Commission as called for by Order in Council of June 24, 1983, P.C. 1983-1924,to inquire into the most efficient, effective, and equitable means of promoting equal employment opportunities, I am honoured to submit to you the following Report. Judge Rosalie Silberman ~bella Commissioner October, I984 Certified to be a true copy of a Minute of a Meeting of the Committee of the Privy Council, approved by His Excellency the Governor General on the 24 June, 1983. * The Committee of the Privy Council, having had before it a report of the Minister of Employment and lmmigration submitting that: Whereas the Government of Canada is dedicated to the principle of equality in the world of work and, in pursu- ance, inter alia, of this principle, Parliament enacted the Canadian Human Rights Act in 1977; Whereas demographic trends indicate that women will constitute the majority of new entrants into the Canadian labour force in the 19801s,and it is therefore imperative from an economic point of view to ensure that women are employed to the full extent of their productive potential and from a social point of view to ensure that women receive an equitable share of the benefits of productive work; Whereas analysis contained in reports of the Special Par- liamentary Committee on the Disabled and the Hand- icapped, the Parliamentary Task Force Committee on Employment Opportunities for the '80's and the Labour Market Development Task Force established by the Min- ister of Employment and lmmigration indicate the need for further government action to encourage, in all sectors of economic activity, the hiring, training and promotion of women, native people, disabled persons, and visible minorities; Whereas the measures taken by Canadian employers to increase the employability and productivity of women, native people, disabled persons and visible minorities have as yet not resulted in nearly enough change in the As amended by Orders in Council P.C. 1983-4048 (December 22, 1983). P.C. 1984-1390 (April 18, 1984), and P.C. 1984-2882 (August 23. 1984). employment practices which have the unintended effect of screening a disproportionate number of those persons out of opportunities for hiring and promotion; And Whereas the Government of Canada recognizes that it has an obligation to provide leadership in ensuring the equitable and rational management of human resources within its organizations; it is desirable that an inquiry be made into the opportunities for employment of women, native people, disabled persons and visible minorities in certain crown corporations and corporations wholly owned by the Government of Canada. The Committee, therefore, on the recommendation of the Minis- ter of Employment and Immigration advises that, pursuant to Part I of the Inquiries Act, a Commission be issued appointing Judge Ros- alie S. Abella of the Ontario Provincial Court (Family Division) a Commissioner to inquire into the most efficient, effective and equi- table means of promoting employment opportunities, eliminating systemic discrimination and assisting all individuals to compete for employment opportunities on an equal basis by: a) examining the employment practices of Petro- Canada, Air Canada, Canadian National Railway Company, Canada Mortgage and Housing Corpora- tion, Canada Post Corporation, Canadian Broadcast- ing Corporation, Atomic Energy of Canada Limited, Export Development Corporation, Teleglobe Canada and The de Havilland Aircraft of Canada, Limited and the Federal Business Development Bank; and b) inquiring into means to respond to deficiencies in employment practices, including without limiting the generality of the foregoing means, such as an enhanced voluntary program, possibly linked with mandatory reporting requirements and a mandatory affirmative action program; and to report on the findings of the inquiry. In making the inquiry and report, the Commissioner shall give particular attention to: i) the implications and impact of the various options available to the Government, including the socio-eco- nomic benefits and costs associated with each option; ii) the views of the management of the corporations referred to in paragraph (a) on those options; iii) the views of employees and associations representing employees of those corporations on those options; iv) the views of associations representing women, native people, disabled persons and visible minorities on those options; v) the views of any. other interested individual or group, including the management, employees, and associa- tions representing employees of other federal crown corporations. The Committee further advises that the Commissioner: 1. be authorized to adopt such procedures and methods as she may from time to time consider expedient for the conduct of the inquiry; 2. be authorized to sit at such times and in such places in Canada as she may consider necessary for the pur- poses of the inquiry; 3. be authorized to engage the services of such accountants, engineers, technical advisers, or other experts, clerks, reporters and assistants as she may deem necessary or advisable, and also the services of counsel to aid and assist the Commissioner in the inquiry at such rates of remuneration and reimburse- ment as may be approved by Treasury Board; 4. be authorized to seek, in any way the Commissioner may consider necessary for the conduct of the inquiry, the assistance of any member of the Board of directors, any officer and any employee, of any cor- poration referred to in paragraph (a) and of any offi- cer and any employee of any department and agency of the Government of Canada; 5. be authorized, in co-operation with the Department of Public Works, to rent office space and space facilities for public hearings as she may consider necessary at such rental rates as are consistent with the policies of the Department of Public Works; 6. be directed to report to the Governor in Council not later than October 31, 1984; and, 7. be directed to file with the Dominion Archivist the records of the Commission as soon as possible after the conclusion of the inquiry. Gordon F. Osbaldeston Clerk of the Privy Council THE PROCESS This Commission was established by the federal government and was publicly announced on June 27, 1983. The Terms of Reference required the Commission to explore the most efficient, effective, and equitable means of promoting equality in employment for four groups: women, native people, disabled per- sons, and visible minorities. .At the same time, it was to inquire specifically into the employment practices of 11 designated crown and government-owned corporations. It was clear at the outset that only a broad approach would serve, and the Commission therefore treated the 11 designated cor- porations as illustrative models of the issues under study. No corpo- ration's employment practices can be assessed fairly in a cultural vacuum. It would be difficult at best to make judgements about the adequacy of the practices of crown and government-owned corpo- rations without placing these practices in the context of what other Canadians do, believe, or expect. Moreover, without an overall analysis of the multi-dimensional nature of the barriers facing the four designated groups, a distorted perspective emerges. The climate in any given corporation reflects the social, cultural, economic, and political environment in which the corporation functions. To study a corporation's employment practices, therefore, one must also study the realities of the wider community. To recommend effective remedial measures to neutral- ize obstacles to equality, one must concentrate at least as inten- sively on the societal as on the corporate reflection of the problem. The focus of the Commission was on matters within federal juris- diction. However, the issues could not be so circumscribed and the organizations and individuals who met and made submissions to the Commission were not so constrained. Inevitably the Commis- sion had to deal with issues that were within both federal and pro- vincial jurisdiction. For that reason, while most of the Commission's recommendations are directed to the federal government, some are directed to other levels of government. 1. At the press conference announcing the Commission, the Honourable Lloyd Axworthy, the Minister recommending the establishment of this Commission, said that the Commis- sion's proposals "may constitute a model that could be promoted to the private sector". The Globe and Mail, June 28, 1983. The Commission's investigation proceeded simultaneously along a number of paths. Within a week of being established, the Commission sent letters to nearly 1,000 individuals and organizations, advising them of its existence and enclosing the Terms of Reference. Within a month, these same people, along with almost 2,000 more, were sent a let- ter outlining the issues upon which the Commission was focusing, and inviting them to make written submissions in whatever format they found most convenient. In addition, members of the public were invited by means of a series of 60 newspaper, journal, and magazine advertisements in 23 Canadian centres to make submis- sions. These invitations to participate in the proceedings of the Commission are set out in Appendix A. As a result of the letters and advertisements, the Commission received 274 written submissions as well as hundreds of letters and documents. A list of the individuals and organizations who made written submissions appears in Appendix 6. These submissions, let- ters, and documents, many of which involved considerable research, were invaluable to the Commission.