Part of the misunderstanding of the bill arises from the myths created in the recent Ontario election. Employment equity is not about quotas. Moreover, this bill specifically states that employers are not required to hire unqualified members or create new positions to satisfy the legislation's requirements.
The federal legislation takes a human resource planning approach to employment equity, relying on consultation and negotiation to achieve workplace goals. I know about this approach firsthand, as I worked as a consultant to the Ontario universities in developing training materials for employment equity.
Another prevalent and incorrect assumption is that the federal employment equity is a carbon copy of American affirmative action policy and furthermore that Americans are now rejecting it out of hand. Neither belief is true. Let us start with the most controversial features of the U.S. affirmative action program, set asides. Set asides require that a specific percentage of government contract funds go to minority contractors. These are mandatory preferences dictated by law. Polls show that although most Americans favour affirmative action, they are opposed to this kind of preferential treatment. I want to set the record straight on this point. There is absolutely no equivalent to set asides in the Canadian approach to employment equity. They simply do not exist and have never existed.
Let us look at the recent U.S. Supreme Court decision on affirmative action. Some people have a vague notion that this decision somehow struck down federal affirmative action programs, but let us look again. First, this decision was about set asides, which do not exist in Canada. Moreover, the Supreme Court decision did not strike down any federal laws or dismantle contracting policies, nor did it decide they were unconstitutional. The court simply requires federal affirmative action programs to meet the same standards of review already in place for state and municipal affirmative action programs, namely that the program serve a compelling interest and that it be narrowly tailored to achieve that purpose.
The bottom line is that no program was struck down by this decision. On the contrary, seven out of the nine justices confirmed that sometimes affirmative action is indeed required to counter the effects of systemic discrimination.
President Clinton pointed out that leading economists and distinguished American business leaders report their companies are stronger and their profits larger because of the advantages of workforce diversity. They insist that regardless of legislation they will pursue affirmative action because it is the key to future economic success in the global marketplace. Indeed, as I stated earlier, it is the Canadian corporations and the private sector that are very strong proponents of employment equity. The Reform Party purports to be a party for business special interest groups, so why can it not listen to the leaders in the private sector?
Seeking solutions to employment inequality is precisely what Bill C-64 is about. The objective of our legislation is to ensure equality and justice for all. Canadians have an unwavering faith in values of fairness and equity. We believe heart and soul that there should be no discrepancy between our words and our deeds. We are determined that our constitutionally guaranteed rights should be a daily fact of life for every child, woman and man in this country. Equality and equity is the very foundation of our nation.
It is in fact because of our employment equity legislation that we are on the leading edge in preparing this country for the unparalleled demands of the 21st century global economy. While we still have more to do in ensuring that all Canadians achieve their potential, our experience with employment equity has made us a world leader in the field, acting as a role model for other nations designing equity legislation. That is not rhetoric, but a reality of which every Canadian can be proud.