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Interrogating Discourse at the Canadian Human Rights Tribunal Wilfrid Laurier University Scholars Commons @ Laurier Theses and Dissertations (Comprehensive) 2009 The Paradox of Exclusion Within Equity: Interrogating Discourse at the Canadian Human Rights Tribunal Delores V. Mullings Wilfrid Laurier University Follow this and additional works at: https://scholars.wlu.ca/etd Part of the Social Work Commons Recommended Citation Mullings, Delores V., "The Paradox of Exclusion Within Equity: Interrogating Discourse at the Canadian Human Rights Tribunal" (2009). Theses and Dissertations (Comprehensive). 1069. https://scholars.wlu.ca/etd/1069 This Dissertation is brought to you for free and open access by Scholars Commons @ Laurier. It has been accepted for inclusion in Theses and Dissertations (Comprehensive) by an authorized administrator of Scholars Commons @ Laurier. For more information, please contact [email protected]. NOTE TO USERS Page(s) missing in number only; text follows. Page(s) were scanned as received. 1-11 This reproduction is the best copy available. ® UMI THE PARADOX OF EXCLUSION WITHIN EQUITY: INTERROGATING DISCOURSE AT THE CANADIAN HUMAN RIGHT TRIBUNAL by Delores V. Mullings B.A. Gerontology, B.S.W., McMaster University 2001 M.S.W., McMaster University, 2002 DISSERTATION Submitted to the Lyle S. Hallman Faculty of Social Work in partial fulfillment of the requirements for the degree of Doctor of Philosophy Wilfrid Laurier University Winter 2009 Delores V. Mullings © 2009 Library and Bibliotheque et 1*1 Archives Canada Archives Canada Published Heritage Direction du Branch Patrimoine de I'edition 395 Wellington Street 395, rue Wellington Ottawa ON K1A0N4 Ottawa ON K1A0N4 Canada Canada Your file Votre reference ISBN: 978-0-494-49969-6 Our file Notre reference ISBN: 978-0-494-49969-6 NOTICE: AVIS: The author has granted a non­ L'auteur a accorde une licence non exclusive exclusive license allowing Library permettant a la Bibliotheque et Archives and Archives Canada to reproduce, Canada de reproduire, publier, archiver, publish, archive, preserve, conserve, sauvegarder, conserver, transmettre au public communicate to the public by par telecommunication ou par Plntemet, prefer, telecommunication or on the Internet, distribuer et vendre des theses partout dans loan, distribute and sell theses le monde, a des fins commerciales ou autres, worldwide, for commercial or non­ sur support microforme, papier, electronique commercial purposes, in microform, et/ou autres formats. paper, electronic and/or any other formats. The author retains copyright L'auteur conserve la propriete du droit d'auteur ownership and moral rights in et des droits moraux qui protege cette these. this thesis. Neither the thesis Ni la these ni des extraits substantiels de nor substantial extracts from it celle-ci ne doivent etre imprimes ou autrement may be printed or otherwise reproduits sans son autorisation. reproduced without the author's permission. In compliance with the Canadian Conformement a la loi canadienne Privacy Act some supporting sur la protection de la vie privee, forms may have been removed quelques formulaires secondaires from this thesis. ont ete enleves de cette these. While these forms may be included Bien que ces formulaires in the document page count, aient inclus dans la pagination, their removal does not represent il n'y aura aucun contenu manquant. any loss of content from the thesis. Canada 1 Abstract Employment discrimination has been a challenge in Canada for many groups and for government agencies who propose to adhere to a human rights agenda. To address this concern, the federal government initiated various anti-discriminatory policies and programs to counteract employment discrimination for four designated groups: Aboriginal people, "visible minorities," women, and people with disabilities. The Employment Equity Act and the Canadian Human Rights Act were the legislation, and the Canadian Human Rights Commission and the Canadian Human Rights Tribunal the institutions designed to deal with employment discrimination for federal employees. When employees file a claim, it is initially processed at the Canadian Human Rights Commission; if the Commission is unable to deal with the complaints due, for example, to the complexity of the claim, it is forwarded to the Tribunal. Although these policies and programs have been in place for more than 10 years, "visible minorities" continue to experience racial discrimination in the workplace, and some who have filed a claim feel that the institutions that were created to protect them have instead perpetuated discrimination. The purpose of this study is to identify the mechanisms through which racism is reproduced at the Canadian Human Rights Tribunal level. Using a critical race theoretical framework and the methodology of critical discourse analysis, I uncover the ways in which racism is reproduced by the Tribunal. I draw upon two categories to identify how racism is 11 reproduced at the Tribunal when visible minorities bring their complaints to be heard in the quasi judicial process: institutional practice and institutional discourse. The research indicates that the perspective of the Tribunal adjudicators, which deeply influences how they hear and respond to complaint cases, allows them to ignore everyday racism in the workplace, normalize racist action and policies, and blame the complainants for their experiences. I conclude that until the way in which these cases are heard changes, including the standard for accepting evidence, visible minorities will continue to be re-victimized in the Tribunal adjudication process as the majority of cases are dismissed. 111. Acknowledgments My deepest gratitude goes to my two daughters Eboni-Rai and Renee who endured the uncertainty of my schedule; spent many hours quietly entertaining themselves at home, allowing me to study, research or write; and expressed unconditional understanding that when I said "this is the last paper...," I only meant for today. When I went to university for the first time in 1998 as a mature student, and I enrolled in part-time studies, my daughters Renee and Eboni-Rai were nineteen and three years old respectively. After my first course, I left my full-time job and bid goodbye to employment security, week ends and most holidays off, full benefits and four weeks of paid vacation in pursuit of higher education. I recall Eboni-Rai's enthusiasm for her idea of studying along side me (making large marks on her colouring books and art paper) while attempting to repeat the words "brilliant one," which I affectionately and deliberately called her. She survived six different childcare providers' homes over a two year period and still remained energetic, loving and stable. Today, both my daughters are well adjusted, loving, happy and giving people. In the end, they both helped with editing the manuscript - references and tables specifically. I would like to think that the challenges they experienced living with an unpartnered (single) mother, attending full-time university, have aided their strength, growth and perseverance. My thesis committee Dr. Abbie Bakan, Dr. Patricia Daenzer, Dr. Iara Lessa, Dr. Sarah Maiter and Dr Anne Westhues (chair), have been simply outstanding in their support IV of me and for the work that I embarked on. They have offered support and encouragement beyond their prescribed role by meeting with me individually, reading draft chapters of the manuscript, and offering ideas and criticisms. This committee is special in its own right - it comprises five members, one more than the expected amount, yet they worked exceptionally well together in a collaborative manner from the committee's initial meeting to the end of the process. It was important for me, the student, to work with a group of academics who is not only well established and respected in each of their areas of study but also worked cooperatively with each other and without the customary tensions that a thesis committee could potentially bring. Special thanks to: Abbie for understanding that my many emails and phone calls were meant to connect and not intrude and for her specific suggestions that helped to expedite the thesis process; Pat for being there from the beginning, planting the seed of equity and persevering with me to the end - never giving up once; Iara for helping to pave the way that would fuel my excitement for critical discourse analysis and helped me to hone my understanding and appreciation for the subject matter itself; Sarah for being professional in such a way that humbled me, for being honest with me always and for keeping the light on, enabling me to return; and finally, Anne who my ancestors placed in my life at this time knowing that I would need this unique individual for this journey. Anne has literally being my foundation, what Jamaicans would call my "backbone." We spent countless hours communicating by email and phone and many more meeting in three and four hour blocks of time. When I felt impatience with myself, frustration with bureaucracy and tired from the aggravation and exhaustion of being a full-time student and a mother (among my many roles), fighting for my place in academe, she was gentle yet persistent; encouraging and hopeful yet critical; quizzical and challenging but respectful and forthright -just what I needed. My committee demonstrated a strong example of anti-racist (your anti-oppression) social work practice. I extend my deepest gratitude to the faceless and unseen s/heroes (complainants) who courageously filed their grievances with the Canadian Human Rights Commission and later agreed to the Canadian Human Rights Adjudication Process. They have given me a public space to stand on their shoulders and allowed me to learn from their survivability. Their sacrifice is similar to the blood spilled from many groups of racialized people throughout our various histories. Special thanks to Beth Curtain, Jan Goldbeck and Dale Taylor, who were instrumental in my successfully completing the first years of the program. September 2002, the administrators were on a legal strike and I met these three women on the picket lines. We maintained a strong relationship until they were forced from their positions in the Faculty of Social Work.
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