Union cries cover-up as rights tribunal report closed

The Privy Council Office says it won't act on a report it commissioned into the troubled Canadian Human Rights Tribunal (CHRT).

The Citizen has learned that PCO received its report from Ottawa consultant Stephen Gaon in June last year and on Dec. 2 issued a statement to the three public service unions involved in complaints against the Tribunal and its chairperson Shirish Chotalia.

"We have thoroughly reviewed the information provided in the preliminary factfinding report and have concluded the facts provided do not warrant further action," said the statement. "We will therefore not be following up with a further investigation."

But PCO's refusal to act on the report is a "cover up," one public service union charged Tuesday.

PCO, the non-partisan public service advisory and support unit for Prime Minister Stephen Harper and the cabinet, refuses to publicly discuss the report that was instigated last spring by numerous complaints about inefficiencies and poor management at the Tribunal.

The Tribunal's job is to rule on human rights cases referred to it by the Canadian Human Rights Commission.

Conservative appointee Chotalia has been at the centre of controversy since early 2011, when it was revealed that more than half her staff had either left the public service or been sidelined by stress-related illness. Two complaints of employee harassment have been upheld against Chotalia and two more complaints against her are pending.

PCO oversees Governor-in-Council appointees - people appointed to various agencies and boards by the federal government of the day.

The upheld complaints of harassment against Chotalia are key to union anger over PCO's unwillingness to probe further.

Union of Solicitor General Employees labour relations officer Robin Kers told the Citizen that it was "incomprehensible" that PCO was not given enough evidence by Gaon to launch a deeper investigation into the Tribunal.

According to Kers, Gaon interviewed the same Tribunal witnesses as labour relations specialist Philip Chodos - whose two harassment investigations found Chotalia culpable.

"It is logical to conclude that Mr. Gaon received the same information as Mr. Chodos did, which resulted in his findings," said Kers. "The PCO, and by extension, the Prime Minister clearly wanted a cover up and for this to go away," he added.

In an email response to the Citizen, a PCO spokesperson refused any comment on the report, as did Gaon.

The closest the government has come to suggesting that there might be a problem at the Tribunal was last week when a spokesperson for Justice Minister Rob Nicholson said the government expects the CHRT to provide a harmonious, healthy and professional workplace for its employees.

In an email statement to the Citizen, the spokesperson said the minister expects Chotalia to "address issues" that led to two charges of harassing employees being upheld against her. Chotalia has consistently refused public comment on the CHRT's problems or the harassment complaints upheld against her.

Original Article
Source: Ottawa Citizen