House of Commons Hansard #207 of the 35th Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was discrimination.

Topics

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Reform

Jay Hill Reform Prince George—Peace River, BC

Mr. Speaker, I constantly hear this question in my riding. I know it is a real source of irritation with Canadians in the riding of Prince George-Peace River. I suspect if we were to do a survey across the country we would find that people right across the nation find it offensive that they are required to document their lineage or history when they want to be classed as Canadians. They find it very demeaning.

That is why so many people will just put down Canadian, regardless of what type of form StatsCan may come up with. People are telling me they want to be classed as a Canadian. They are proud of their heritage and proud to be Canadian. This can be seen most predominantly with the new immigrants who came here recently and went through the process of getting their citizenship papers and becoming a citizen of Canada. Those people in particular do not want to be associated with the past. They want to be classed as Canadians. That is how they want to be thought of and treated. It is how they feel they should be treated when they apply for a job in the Canadian workforce.

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Liberal

Marlene Catterall Liberal Ottawa West, ON

Mr. Speaker, I welcome the opportunity to debate employment equity today. I must admit I am somewhat confused that the subject has come before the House again today. It was only on April 6 that we debated a similar Reform Party motion.

Moreover, for well over a month, as the member proposing the motion well knows, the Standing Committee on Human Rights and the Status of Disabled Persons has been hearing testimony on the existing Employment Equity Act and on Bill C-64, a new act respecting employment equity. That draft legislation is about to return to the House for further consideration. Yet today the Reform Party has seen fit to raise employment equity again in the most contentious terms.

The Reform Party makes a serious error in its judgment, I believe, of the capacity of the Canadian people to appreciate a program that for eight years now has served to strengthen our social fabric. With Bill C-64 it will continue to do so but in a more fair and even-handed manner.

Let me first deal with several misrepresentations of the employment equity legislation that I have heard beginning the first thing this morning.

First, the member who introduced the motion today spoke about the false assumption on which employment equity is based, the assumption that somehow employers are systemically discriminatory and are bad. That is not at all the assumption on which the bill is based. I will be giving more concrete examples later, but the bill is based on the facts that certain people in our society have not had an equal opportunity in employment. They have tended to be employed and to remain in the lowest paying, least skilled jobs notwithstanding their abilities. They have not progressed as others in society have done.

Employment equity is about giving people an equal opportunity by not assuming motive but by simply asking employers to look at why that pattern exists in their workforce. If it does exist it asks what they can do to be more fair in making sure that everybody has an equal opportunity.

Second, the member recommended that individual cases could be settled through the courts and the human rights tribunal. That is like saying there is an outbreak of a certain epidemic in health care but we are going to solve that by sending each one of those people to hospitals to be cured on an individual basis and that we do not have to deal with the overall situation that is causing the individual's illness. That is an expensive, time consuming approach which does not solve the underlying problem but simply perpetuates it.

Third, there has been some discussion about group rights versus individual rights. When the facts indicate clearly to us that people are discriminated against, whether intentionally or not, and usually it is not intentionally, as a group, the only way an individual can have equal opportunity is if we address the fact that the group the individual belongs to is discriminated against.

The bill and the whole issue of employment equity is not about group rights. It is about individual rights. It is about recognizing that in our society certain groups, who happen to represent the majority by the way, have not had an equal opportunity. Until we solve the problem of disadvantages for the group, no individuals in that group, except by rare exception, are going to have an equal opportunity to fulfil their potential.

This is not about arbitrary division as that argument would have us believe. Employment equity is in fact about treating everybody not the same because everybody is not the same, but treating everybody equally. It is about getting rid of those divisions that say a certain kind of person is more suited to management or to certain positions in our society. It is about allowing people to flourish based on their own abilities and not the colour of their skin, the shape of their body or their origins.

Employment equity has been described as coercive in nature, as a setting of imposed quotas. I do not know if it is deliberate misrepresentation, total misunderstanding or total deafness because it has been explained often enough. Employment equity in Canada as it exists and as it is intended to apply now to the public service under the new legislation does not set quotas. It specifically prohibits quotas.

What it does do is it says to employers that there have been employment practices which have gone on for a long time. Unfortunately they have had discriminatory results, even though they were not intended to. We are asking employers to look at their employment practices. We are asking them to get rid of those things in their employment practices that are having discriminatory effects and that are tending to favour one kind of Canadian over others in terms of hiring, promotion, training opportunity, advancement and higher salaries.

The facts are indisputable that this is the situation for Canadian employment and for Canadian employers. I want to emphasize that all we are asking employers to do under employment equity is to look at their own situation, to do a self-examination and to say that they would like to do better, to show where they would like to do better and how they are going to do it.

Quotas are the American model which we have specifically turned our backs on as Canadians. Quotas are enforced from the outside and imposed from the outside. That is not what employment equity in this country is about.

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An hon. member

It is in the RCMP.

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Liberal

Marlene Catterall Liberal Ottawa West, ON

It has been said by the other side that people will feel stigmatized. Let me respond to that. Somebody just referred to hiring in the RCMP. An earlier speaker laid out all kinds of figures and asked for a response.

The fact is that in the year the member quoted, and the member knows that very well because the information was given to him by the human rights commissioner, 65 per cent of hirings in the RCMP were white, able bodied males even though they are not even half of the Canadian population. Of course the member chose not to use that figure. Two-thirds of hirings continue to be white, able bodied males which members on the other side have tended to suggest in today's debate are going to be disadvantaged by employment equity.

Another point which has been made by the opposite side is that people will feel stigmatized. People feel stigmatized right now. People feel stigmatized when they come into a job in the public service with the best qualifications and after 25 years have not progressed.

People feel stigmatized when they are in clerical positions, 80 per cent of which are occupied by women. They see that women do not even rise to the upper levels of the clerical category. They are bypassed by others who are no more qualified but just happen not to be female.

People feel stigmatized by the current situation which does not allow them to be hired, promoted or given advancement opportunities on the basis of their merit. They see themselves categorized and kept at a lower level because they do not fit the traditional model of who will succeed in our society.

Finally, I come to the matter of merit. Employment equity is not the denial of the merit principle but the fulfilment of the merit principle. The legislation the committee has been dealing with is very clear about this. People should be hired solely on the basis of merit. Employment should be colour blind, gender blind and size blind. It should only look at what a person is capable of doing.

The facts are clear that has not been the pattern in Canadian employment. Let me give some facts. Members of the designated groups continue to be at a distinct disadvantage in the workplace. Far from being a threat to those who complain of reverse discrimination, women, aboriginal peoples, visible minority members and persons with disabilities still lag far behind in initial hiring, promotion opportunity and pay rates.

In March, Statistics Canada reported that the primary reason women earn far less money than men, just 78 per cent of what their male colleagues earn, is blatant discrimination. Even factoring in work experience, education and demographics, there is no explanation for the wage gap other than gender bias.

What other than prejudice can explain the fact that persons with disabilities experience an unemployment rate twice the national average? Is it less qualification or less education? No, it is not. The unemployment rate of persons with disabilities with university degrees is more than twice that of white males with the same qualifications.

These are facts I know the other side does not want to hear but it will hear them. Even among those who are working the perception seems to be that people with disabilities are capable only of clerical, sales and service jobs. Eighteen per cent of university educated, physically challenged workers are in those occupations compared with just 11 per cent of white, able bodied males with university degrees.

Statistics show there are many qualified members of designated groups. Visible minorities are better educated than Canadians in general, not less educated. Eighteen per cent have at least a university degree compared with 11 per cent of the Canadian population.

While visible minorities represent 8.8 per cent of the population over 15 years of age, in 1990 they accounted for almost 11 per cent of the university graduates. They earned 13 per cent of the masters degrees, 20 per cent of the doctorate degrees and yet too few of these highly educated, highly skilled potential workers are offered jobs. Their hiring rates have actually decreased steadily since 1990 from 10.4 per cent to just 8.4 per cent. Last year in the public service alone 11 per cent of applicants were a visible minority but represented only 2.7 per cent of hirings.

Aboriginal people, surely among the most disadvantaged of any group, are also too often shut out of the job market. Despite the fact that more aboriginal people than ever before are university educated their unemployment rate stands at 7 per cent, almost double the rate for white males with university degrees.

These are the tip of the iceberg of the statistics that could be quoted today. It is interesting that the vast majority of those who testified before the standing committee, including employers who have been under the Employment Equity Act for eight years now, describe employment equity as a sensible and balanced measure. Even the few who oppose the draft legislation did not resort to the sort of inflammatory and misrepresentational language found in this resolution and in the debate.

Canadians do have an excellent understanding of what equality is all about. They appreciate that for there to be a harmonious and well balanced society all its members must have an opportunity to contribute as well as share in the benefits. That is what employment equity is all about.

The justification behind employment equity is that it permits people to be given equal consideration when employment possibilities arise. Its aim is not to give privilege or advantage to anyone in the selection of candidates for employment. To say otherwise indicates a complete misunderstanding of the principles concerned and the way it works.

The fundamental aim of employment equity is to ensure no one is denied access to a fair chance at employment and promotion opportunities for reasons unrelated to abilities. To claim otherwise represents either a serious misunderstanding or a deliberate misrepresentation.

Employment equity exists to identify current disadvantages in the employment system for the benefit of all Canadians and to provide fair and equal employment opportunities. To pretend fairness and equality are fully operational in employment in Canada today is simply to ignore the facts.

Employment equity seeks to achieve the diversity in the workplace found in society. That involves the removal of barriers to employment opportunities. These barriers are most often not deliberate and are frequently buried in systems and long standing practices. Employment equity seeks to eliminate what is called the adverse effect which flows from conditions of requirements for employment that are not necessary and not intended to discriminate but do have a discriminatory effect.

The other aspect of employment equity is to put in place measures which encourage equitable access to opportunities for employment and advancement. This may mean training positions so those who are disadvantaged can compete on an equal footing. It is important for sound management that full use be made of all human resources available.

Unfortunately what we have been doing by having a less than equitable workplace both in the private sector and in the public sector is denying the Canadian economy and the public service the opportunity for the very best to be hired, to be trained, to be developed, to serve in the highest positions they can and to provide the very best to the private sector and the public sector so that both can excel.

We must remember that the make-up of Canada's labour force is in a state of constant flux. Major demographic changes are helping to create an increasingly heterogenous labour force. Women, native people, people with a disability and members of visible minorities now represent the vast majority of new arrivals on the labour market.

If we are not making full use of the full diversity of our growing workforce, we are handicapping ourselves as a nation. It has been convincingly demonstrated that diversity in the workplace makes good business sense. Witnesses who appeared before the human rights committee reasserted this; witnesses who found employment equity to be an advantage to them in improving their human resources practices. Experts have long considered workforce diversity as a competitive advantage in today's global economy. It leads to increased productivity. It is to the benefit of companies and governments to remove the barriers to the full development of diversity in the workforce.

As I said earlier, it is important to remember that although we tend to speak of diversity in terms of groups the focus is on the individual. It is not the group which is recruited as a filing clerk, it is the individual. However it is not necessarily the individual who is denied promotion opportunities. The individual may be constrained because they happen to belong to a particular group. Surely we all want to change that in society and in our places of employment.

Mr. Speaker, the hon. member's motion presupposes that employment equity follows selection on the basis of criteria other than merit. Allow me to state that this is not the case.

This is about a truly merit based system. For 75 years we have prided ourselves in this country and in our public service on having a merit based system designed to ensure people are hired based on their ability to do the job. Had we had a truly merit based system we would not have to worry about employment equity.

I will be happy when we no longer need an employment equity law. I will be happy when I can say that anybody has a fair and equal opportunity to compete based only on their ability to do the job. Unfortunately that is not the kind of world we have and certainly not the kind of public service we have. That is why I believe it is important to expand the Employment Equity Act.

Really that is what is being done. We are not introducing anything new. We are making some administrative changes to employment equity. The big thing we are doing is applying it to the public service. That is only fair and just.

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The Acting Speaker (Mr. Kilger)

I remind members if they want to seek the floor they should be in their own seats.

It is my duty, pursuant to Standing Order 38, to inform the House that the question to be raised tonight at the time of adjournment is as follows: the hon. member for Davenport-the environment.

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Reform

Lee Morrison Reform Swift Current—Maple Creek—Assiniboia, SK

Mr. Speaker, I am quite interested that the governing party is so persistently raising the question of the majority of testimonials its bill has received in committee. This sounds more like an admission. These witnesses are supposed to be more or less balanced. Members have been saying they padded their witness list, which we knew, but it is very interesting to hear it brought out in the House and emphasized in that way.

This pedigreed Heinz 57 Canadian looks somewhat askance at Bill C-64. It has its origin in the noblesse oblige of middle class, predominantly lily white Canadians who know what is best for everybody.

It certainly does not fit the viewpoint of some notable Canadians like Neil Bissoondath or Dr. Rais Khan or some not so new Canadians like Sammy Chung. It seems to fit the viewpoint of the Liberal government and too many people from any other part of society. It is condescending, patronizing and infers people in designated groups have less merit than non-designated persons and therefore cannot make it on their own. That is reprehensible.

I have two questions for the hon. member. Did she in private life and does she here now in her own office consciously practise employment equity? Does she accept what appears to be the standard Liberal philosophy that the best government is that which interferes most in the lives of ordinary Canadians?

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Liberal

Marlene Catterall Liberal Ottawa West, ON

Mr. Speaker, when I was asked that question on the last Statistics Canada census under ethnic origin I put mongrel.

I do practise employment equity in my office. It is pretty hard when it is only three and a half people. The young man in my office said: "I am glad we do not have employment equity around here or I would not have a job". I said: "I should explain to you that I was looking around for a young man because I felt I have had a predominance of women in my office for some time and so you are the result of affirmative action".

The member fails to understand that I believe in the fundamental Liberal principle of the dignity and right of each human being to be considered on their merits and to be respected for themselves. I do not see that happening necessarily in employment. I see very capable people for reasons that have nothing to do with their qualifications or abilities not having the opportunity.

When I was on city council I asked our bus company why bus drivers had to be six feet tall. It said it was so they could reach the pedal. I said that meant most women could not qualify, most orientals could not qualify and no short person could qualify. That was pretty discriminatory. I asked what height had to do with it when what it wanted was someone who could reach the pedal; why not find out if a person could reach the pedal instead of measuring how tall they are. We changed that because it made sense to change it. Until then we had made sure a lot of very good bus drivers never had a chance to get hired.

The same kind of false criteria for policing have made sure a lot of very capable Canadians never had the opportunity to be police officers. It is about getting rid of those kinds of attitudes which have not allowed people to be considered on their merits.

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The Acting Speaker (Mr. Kilger)

It being 5.15 p.m., it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the business of supply, pursuant to Standing Order 81.

Is it the pleasure of the House to adopt the motion?

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Some hon. members

Agreed.

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Some hon. members

No.

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The Acting Speaker (Mr. Kilger)

All those in favour of the motion will please say yea.

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Some hon. members

Yea.

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The Acting Speaker (Mr. Kilger)

All those opposed will please say nay.

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Some hon. members

Nay.

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The Acting Speaker (Mr. Kilger)

In my opinion the nays have it.

Call in the members.

(The House divided on the motion, which was negatived on the following division:)

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The Acting Speaker (Mr. Kilger)

I declare the motion lost.

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Liberal

Tony Ianno Liberal Trinity—Spadina, ON

Mr. Speaker, I rise on a point of order. I would have voted with the government.

The House resumed from May 18 consideration of the motion that this House deplore the federal government's delay in responding to Quebec's demands with regard to the education of young Aboriginals in the Quebec North amounting to $119 million, to the compensation of $135 million under the 1991-92 stabilization program and to the $79 million claim for expenses incurred during the events at Oka in the summer of 1990.

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The Acting Speaker (Mr. Kilger)

Pursuant to the order adopted Thursday, May 18, 1995, the House will now proceed to the taking of deferred division on the motion by Mr. Bernier (Mégantic-Compton-Stanstead) regarding the business of supply.

(The House divided on the motion, which was negatived on the following division:)

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The Acting Speaker (Mr. Kilger)

I declare the motion negatived.

The House resumed from May 29 consideration of the motion.

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5:55 p.m.

The Acting Speaker (Mr. Kilger)

Pursuant to Standing Order 45, the House will now proceed to the taking of the deferred division on the motion that Bill C-91, an act to continue the Federal Business Development Bank under the name Business Development Bank of Canada.

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Liberal

Don Boudria Liberal Glengarry—Prescott—Russell, ON

Mr. Speaker, if you were to ask it, I think you would find unanimous consent for the members who voted on the previous motion to be recorded has having voted on the motion now before the House in the following manner: Liberal members will be recorded as voting yea.

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Bloc

René Laurin Bloc Joliette, QC

Mr. Speaker, Bloc members will be voting nay.

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Reform

Jim Silye Reform Calgary Centre, AB

Mr. Speaker, the Reform Party members vote no, except for those members who wish to vote otherwise.