Response to parliamentary committees and external audits

Response to parliamentary committees

Anti-Black Racism, Sexism and Systemic Discrimination in the Canadian Human Rights Commission

On December 11, 2023, the Standing Senate Committee on Human Rights presented its report entitled Anti-Black Racism, Sexism and Systemic Discrimination in the Canadian Human Rights Commission. The Report outlines the findings of the Committee’s May 2023 study on anti-Black racism, sexism and systemic discrimination in the Canadian Human Rights Commission (the Commission). The Report included 11 recommendations aimed at addressing the problems at the Commission, systemic discrimination in the federal public service and Canada more broadly, and to ensure that victims have access to effective recourse mechanisms. A government response was tabled on May 10, 2024.

Of the 11 recommendations, only two fell exclusively under Justice Canada’s portfolio responsibility, namely recommendations 7 and 11. As noted in the government response, access to justice is a fundamental Canadian value and an integral part of a fair and just society based on the rule of law. An essential component of this is ensuring that victims of discrimination have access to a fair, timely, and effective human rights system. The Government of Canada is committed to exploring options for undertaking a comprehensive review of the Canadian Human Rights Act, with the goal of gaining a better understanding of the challenges facing the system, particularly in light of the Senate’s findings. Work to advance these two recommendations is ongoing, with specific actions still being defined.

Response to audits conducted by the Office of the Auditor General of Canada (including audits conducted by the Commissioner of the Environment and Sustainable Development)

There were no audits of the Department in 2024-25 requiring a response.

Response to audits conducted by the Public Service Commission of Canada

Public Service Commission’s Audit of Employment Equity Representation in Acting Appointments

The Public Service Commission (PSC) conducted this audit to examine trends in the representation of designated employment equity groups in acting appointments within the federal public service, as well as organizational staffing practices related to employment equity.

The audit report was published on September 24, 2024. It concluded that while representation of women, Indigenous Peoples, and visible minorities in acting appointments was generally on par with or exceeded their representation in the federal public service, persons with disabilities remained consistently underrepresented throughout the 10-year period covered by the audit. All 14 departments and agencies included in the audit had implemented measures to promote access to appointments for employment equity groups. Although hiring managers may have considered employment equity in all cases, documented evidence showing that it was considered was found in only one-third of the acting appointment files reviewed.

The audit report included three recommendations: Deputy Heads should monitor acting appointments to ensure no employment equity group is disadvantaged; Deputy Heads should implement measures to improve representation of employment equity groups in acting appointments in the technical occupational category; and PSC should provide data on equity group representation in acting appointments to departments and agencies to help inform inclusive staffing decisions.

No Management Response and Action Plan (MRAP) was required as Justice Canada already has monitoring mechanisms in place. Justice Canada’s Anti-Racism and Anti-Discrimination Secretariat (ARADS) monitors appointments and promotions within the Department to ensure that members of all designated employment equity groups are not disadvantaged and that any gaps are addressed appropriately. Additional disaggregated promotional data will be collected to monitor acting appointments in subsequent annual year-end employment equity progress reports beginning in 2024-25. In addition, Justice Canada has few (if any) positions in the technical occupational category at any given point in time; as such, acting appointments in this category are not generally possible. Justice Canada will continue to monitor acting appointments in all categories, taking into consideration employment equity representation as per its existing staffing practices and monitoring mechanisms.

Response to audits conducted by the Office of the Commissioner of Official Languages

There were no audits of the Department in 2024-25 requiring a response.