Reform of rights commission is long overdue

Deep-rooted problems predated Tamara Thermitus and remain to be addressed, Pearl Eliadis says.

News of Tamara Thermitus’s resignation last week as head of Quebec’s embattled human rights and youth rights commission had been a long time coming. Dogged by accusations of poor management and abuse of power, Thermitus was reportedly about to be removed from her position by the National Assembly. All this was a bitter pill for many (including me) who celebrated a groundbreaking appointment. (Full disclosure: I know Thermitus from professional circles.) But her appointment turned out to be a poisoned chalice. And, as others have said, we have to look forward now. There are pressing if not urgent issues for the Quebec government and the National Assembly. The most important is not who the new leader will be, but what kind of institution that person will lead. Here is unique opportunity to finally reform the commission and learn from experiences here and elsewhere in Canada. Thermitus did not walk into a vacuum. The commission’s deep-rooted problems are not only about one person. They include serious delays and inconsistent capacity to address system-wide issues. There has always been a disturbing lack of diversity, especially in the senior ranks. Quebec’s human rights system (which includes a commission plus a human rights tribunal) is structured as a “first generation system,” meaning that it is decades old and the commission’s legislation predates even the Canadian Charter. It has all the structural problems we have seen in other provinces that reflect a system built for an earlier era and became increasingly dysfunctional. Other provinces have responded by moving to more effective models. In Ontario and British Columbia, for example, complainants can to go directly to a tribunal where cases are heard quickly and openly, without the burden and expense of months, or even years, of investigation. In Quebec today, claimants whose cases make it through preliminary screening, mediation, etc. wait years for justice, just as those accused of discrimination may wait years to clear their names. Apart from delays, just getting a case heard is a major issue. A human rights claim in Ontario is between 10 and 15 times more likely to be heard than a Quebec claim (after preliminary screening of the complaint). Given that many human rights cases outside the criminal justice context are heard by human rights systems rather than courts, it is apparent that Quebecers do not enjoy anything like equal access to justice as compared to residents of provinces that have systems delivering faster and more transparent justice. Recent appointments to senior positions at the commission have been promising, but the commission needs tools that will allow cases to move more quickly through the system. Strengthening the commission is also necessary to ensure it has the capacity to address systemic issues and handle public education. Legal aid should provide support for people who cannot afford lawyers. This would require amendments to existing laws. Human rights advocates in Quebec typically ignore such recommendations, perhaps fearful of weakening the commission even further. These are fair concerns, but it is folly, if not arrogance, to assume that what works elsewhere has nothing to teach us here. We have a challenging time ahead. Premier François Legault says that he rejects comparisons to populist and nationalist leaders who preach intolerance. Let him prove it by strengthening Quebec’s system, not weakening it. Start the process of reforming the commission so that it is a positive example for the rest of Canada, working for the people who need it most. Appoint leaders who have experience managing these or similar institutions, who understand human rights and who have the courage to speak truth to power. Offer access to justice for everyone in Quebec.

Pearl Eliadis is a Montreal human rights lawyer. Her book on human rights commissions and tribunals in Canada, Speaking Out on Human Rights: Debating Canada’s Human Rights System, is published by McGill-Queens University Press.