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Canadian Alliance Dissenting Opinion
Employment Equity
June 2002
The Canadian Alliance wishes to thank all of the witnesses for their thorough and thoughtful presentations.
As an underlying principle of employment, the Canadian Alliance believes that there is no room for discrimination or prejudice in the workforce. We believe that the Charter of Rights and Freedoms and the Courts provide adequate protection to the individual in this regard. The Canadian Alliance strongly believes that the use of the merit system is in the best interest of all employees and employers when filling an employment vacancy, as outlined in the following policy statement:
Canadian Alliance Policy Statement #2: “We will encourage the entrepreneurial sector by eliminating unnecessary regulations and minimizing government interference in the labour market, including the elimination of discriminatory hiring and promotion policies for federally regulated employees. Every job shall go to the most qualified applicant without the use of affirmative action or any other type of discriminatory quota system. We are committed to voluntary, free and fair collective bargaining.”
Based on the Canadian Alliance principles of lower taxation and better use of existing revenues, we wish to emphasize under Recommendations 4, 23 and 26 that any funds the Government allocates to Employment Equity must be a reallocation and efficient use of existing funds. At a time when fiscal restraint is required, this program must make the most efficient use of the current funding allocations. The inclusion of the term “provided with sufficient resources” to the Canadian Human Rights Commission is too open ended.
Recommendation 5 recognizes Canada’s changing demographics and the importance immigration will play the future of our country. A concerted effort must be made to solve the ongoing problem of the recognition, transfer and acceptance of foreign credentials and the Canadian Alliance wants to emphasize the need to address this concern.
Recommendation 6 suggesting that employees of the Library of Parliament and House of Commons be covered by the Act, is contrary to the opinion of the Clerk of the House of Commons who stated that “the House is sovereign and must not be accountable to one of its creations, in this case the Canadian Human Rights Tribunal.” Since the House, under the direction of the Board of Internal Economy, ensures that the current standards are not only being met, but in most cases exceeded, this recommendation is not applicable.
Extending the Act to the Canadian Armed Forces, the Royal Canadian Mounted Police and the Canadian Security Intelligence Service is also unwarranted and unwanted. Witnesses representing these agencies clearly enunciated that they did not feel that additional regulatory obligations were necessary.
The Canadian Alliance believes the solution to ensuring that employment equity exists in the private sector is not through regulation and legislation, but rather through education and knowledge. In keeping with this, we disagree with the views expressed in recommendations 7,8 and 27. Parliament and the Library of Parliament should also be removed from Recommendation 9.
Canadian Alliance Policy Statement #8: “We support a smaller and more efficient federal government that will fund its expenditures from current revenues and not by putting a debt on the shoulders of the next generation. We will pass legislation requiring the government to balance its budget every year, except in cases of true national emergency.”
Implementation of Recommendation 15 would result in the imposition of “quotas”. In the opinion of the Canadian Alliance, the adoption of such a quota system is diametrically opposed to the merit principle, which ensures that the best-qualified person is hired for a position.
The Canadian Alliance supports the Committee’s view expressed on page 41 that “It should be up to employers and employees whether employment equity is negotiated as part of a collective agreement.” However, Recommendation 16 encourages the interference of government into the area of employer/employee contract negotiations, which is untenable.
In supporting Recommendations 20 and 21, the Canadian Alliance wishes to emphasize the need to minimize the paper burden. Many of the witnesses who appeared before the Standing Committee indicated that the reporting structure was too complex and a bureaucratic nightmare. Several of these organizations encouraged the Standing Committee to consider biennial reporting for those with a history of compliance. This should be given immediate attention and favourable consideration.
The Canadian Alliance believes that the status quo remains appropriate for any monetary penalties for non-compliance under the Act. The current Act allows the Minister to review the situation and conditions of any monetary penalties so changes as per Recommendation 24 are not necessary. (Sections 35 — 40 of the Employment Equity Act)
The Canadian Alliance is concerned that Recommendation 25, regarding the public disclosure of executive summaries of compliance reports and the “summarizing the extent of compliance with the statutory requirements”, may be open to abuse. If the government adopts this Recommendation, clear legal interpretation of this disclosure and the right to privacy must be included.
Canadian Alliance Policy Statement #18: “We are proud of our heritage of individual freedom and believe government must refrain from interfering in the lives of Canadians without demonstrating a clear and compelling reason to do so.”
The Canadian Alliance believes that the less government interference in the day-to-day operation of Canadian business the better. Where disproportionate representation is apparent in the labour force, additional legislation, bureaucracy or regulations will not ensure long-term solutions. Rather, better understanding and education will ensure that market forces react positively in all labour forces. The Canadian Alliance believes that the principles of the merit system offer all employers and employees the most stable work environment.
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