Ottawa Citizen

Court filings accuse CRTC brass of racism

‘Underlying’ bigotry at highest levels, according to former commission­er

- EMILY JACKSON

Canada’s broadcast and telecom regulator is facing accusation­s of “underlying racism and bigotry at the highest levels” in the latest legal action against the regulator by one of its former officials.

Court documents filed this week by Raj Shoan, fired last month as Ontario commission­er of the Canadian Radio-television and Telecommun­ications Commission, allege Linda Vennard, commission­er for Alberta and the Northwest Territorie­s, made racist comments and harassed her assistant. The filings also accuse chairman Jean-Pierre Blais of a “campaign of misinforma­tion” against Shoan and suggest Minister of Canadian Heritage Mélanie Joly, whose department oversees the CRTC, disregarde­d these concerns.

None of the allegation­s has been proven in court. But they suggest the CRTC’s troubles amount to more than the escalating conflict between Shoan and Blais. They also raise questions among industry players over whether the reportedly rotten work environmen­t is detracting from the CRTC’s ambitious agenda to overhaul policy for the Internet age — decisions that impact billions of dollars in infrastruc­ture spending and every Canadian who uses a phone, TV or the Internet.

“The CRTC is a quasi-judicial body and needs to operate beyond reproach. As a Canadian, I would want assurances that allegation­s such as these have been thoroughly and appropriat­ely investigat­ed,” telecom consultant Mark Goldberg said.

Others who spoke on background said the ongoing legal battles make for a toxic negative workplace for staff dealing a heavy workload, including decisions related to wholesale high-speed Internet pricing and net neutrality.

The conflict over Blais’ leadership style dates back to shortly after Shoan was hired in 2013, according to court documents. Shoan has since filed three legal challenges against the CRTC that contend Blais has oversteppe­d his authority in some way.

One looks to overturn an investigat­ion that found Shoan harassed a staffer over email. Shoan disputes the findings. At the June 21 hearing, the judge called Blais’ role in the investigat­ion “quite troubling.”

But three days later — before the judge made a ruling (a decision is expected in September) — cabinet terminated Shoan’s employment, citing actions that were “fundamenta­lly incompatib­le” with his role, including the harassment investigat­ion and negative comments about the CRTC on Twitter.

Shoan’s fourth legal challenge, which contains the allegation­s of racism, is an attempt to quash the cabinet’s decision to fire him. In it, he contends the CRTC applied different standards when investigat­ing workplace harassment claims against him and Vennard.

In a June 14 letter, Shoan urged Joly to investigat­e allegation­s against commission­er Vennard by individual­s who he said reported their problems to Shoan instead of to the chair due to fear of “reprisal and attack.”

The letter alleges Vennard was investigat­ed for workplace harassment after a complaint by her assistant. It alleges Vennard repeatedly referred to her assistant as “maggot;” referred to Manitoba and Saskatchew­an commission­er Candice Molnar as a “scraggly hag;” referred to Shoan as a “spoiled rich brown kid who probably grew up with servants;” requested to change hotels on commission-sanctioned travel because “there were too many black people;” and complained that it “smelled like curry” in her office after meeting with ethnic broadcaste­rs.

Shoan wrote he was disturbed by the notion the chair would attempt to suppress the investigat­ion.

Joly’s chief of staff told Shoan to take the matter up with Blais, according to court documents.

Both the CRTC and the Department of Canadian Heritage refused to comment on the allegation­s, stating the matter is before the courts. The CRTC also declined a request to comment more generally about its work environmen­t.

Vennard, however, disputed the allegation­s in an emailed statement.

“I would like to point out and remind people that the offensive comments Mr. Shoan alleges I made are completely unsubstant­iated allegation­s only. I hold my colleagues in the highest regard and in particular commission­er Candice Molnar — one of the most dedicated and knowledgea­ble people I have every worked with and whom I admire and respect in every way. The offensive racist comments Mr. Shoan alleges I made are more unsubstant­iated allegation­s not to be believed,” Vennard wrote.

“These unsubstant­iated offensive comments Mr. Shoan alleges I made are just malicious and hurtful to all of us and serve no purpose other than his own.”

CRTC employees report about the same level of harassment (20 per cent) and discrimina­tion (seven per cent) as other employees of the public service, according to the government’s 2014 public service employee survey.

But CRTC employees were less likely to file formal complaints due to fear of reprisal. Of the fraction that reported discrimina­tion, 71 per cent said they were afraid of reprisal compared to 44 per cent in the general public service.

As a Canadian, I would want assurances that allegation­s such as these have been thoroughly ... investigat­ed.

 ?? JAMES MACDONALD/BLOOMBERG ?? Former Ontario CRTC commission­er Raj Shoan’s legal action against the regulator includes allegation­s of “underlying racism and bigotry at the highest levels.”
JAMES MACDONALD/BLOOMBERG Former Ontario CRTC commission­er Raj Shoan’s legal action against the regulator includes allegation­s of “underlying racism and bigotry at the highest levels.”

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