IV. Context

This Report and the events discussed in the Report must be reviewed in context. It should be reviewed in the context of the ongoing Israeli-Palestinian Conflict and the Government of Canada’s response. The Report should also be viewed in relation to the mandate and circumstances of the Commission and the role of Chief Commissioner.

(a) The Israel-Palestine Conflict and Canada

Both Canadian and International policy as it relates to the ongoing conflict between Israel and Palestine has changed and evolved between 2012 and now. Tensions between Israel and Palestine have decreased and intensified over this period of time. More recently, on October 7, 2023, Hamas,Footnote 3 launched an attack on southern Israel killing approximately 1,139 people comprising 695 Israeli civilians (including at least 36 children), 71 foreign nationals, and 373 members of Israel’s security forces. Hamas also took approximately 250 hostages.Footnote 4

In response, the Prime Minister, Justin Trudeau, issued a statement on the attack, unequivocally condemning the attacks and reaffirming the Government of Canada’s support for Israel’s right to defend itself, in accordance with international law.Footnote 5

Shortly after October 7, 2023, the government of Israel launched a war in Gaza with the objective of eliminating Hamas as a governing or military entity. Between October 7, 2023 and as of writing this Report the conflict is ongoing.

On March 19, 2024, a non-binding motion was passed in the House of Commons calling for an immediate ceasefire and release of all hostages. The non-binding motion was the subject of much debate. The initial version called on Canada to officially recognize the State of Palestine.Footnote 6 The language was later removed and instead, the motion called on the international community to work toward the establishment of a Palestinian state as part of a two-state solution.Footnote 7

As of July 29, 2024, the United Nations Office for the Coordination of Humanitarian Affairs estimates that over 38,295 Palestinians have died in the war, just over half of which are women and children. More than 1.9 million people have been displaced in Gaza.Footnote 8 At this time, along with other countries, Canada have issued statements calling for an urgent ceasefire in Gaza and emphasizing its commitment to a two-state solution to achieve a just and enduring peace.Footnote 9

To quote Justice Koehnen, in University of Toronto (Governing Council) v. Doe et al.:

Events in the Middle East have created a legitimate sense of injury, threat and fear on the part of both Israelis and Gazans. Those feelings have spread to supporters of Israel and Gaza throughout the world, especially among Jews and Palestinians. Each side feels that it is the victim of either antisemitism or anti-Palestinian racism. Those feelings are raw and painful. The intensity of these feelings is exacerbated by injustices to which both groups have been historically subject throughout the world, including in Canada. Those passions have led to dramatically increased acts of antisemitism, anti-Palestinian racism and Islamophobia in Canada and elsewhere.Footnote 10

In Canada, religious communities have reported a rise in hate crimes since October 7, 2023, particularly as it relates to Muslim and Jewish people living in Canada. Between 2022 and 2023, police-reported hate crimes increased 32%. The majority of the police-reported hate crimes are against Jewish and Muslim people. In 2023, there were 1,284 police-reported religious hate crimes; 900 of which were against Jewish people and 211 were against Muslim people.Footnote 11 This increase is disturbing and suggests that there is much work to be done to combat both antisemitism and Islamophobia in Canada.

(b) The Canadian Human Rights Commission

The Canadian Human Rights Commission was established by Parliament in 1977 as an agency independent of the Government, responsible for the administration of the Canadian Human Rights Act (the “CHRA”). In 1986, the Commission was designated as the body responsible for enforcing the obligations of employers in the federally regulated sphere prescribed under the Employment Equity Act. Most recently, Parliament conferred new responsibilities upon the Commission by virtue of the Pay Equity Act, the Accessible Canada Act, and the National Housing Strategy Act, as well as through amendments to the CHRA, which designated the Commission as a body responsible for monitoring and reporting on the Government of Canada’s compliance with the United Nations Convention on the Rights of Persons with Disabilities.Footnote 12

As Canada’s national human rights institution, the Canadian Human Rights Commission plays a crucial role in promoting and monitoring the effective implementation of international human rights standards at the national level, and in participating in and interacting with the international human rights system, including the United Nations Human Rights Council, treaty bodies and special procedures mechanisms.Footnote 13

Domestically, the Commission proactively engages with Parliamentarians, Indigenous organizations, federally regulated employers and service providers, employee representatives, rights holders, civil society, and provincial, territorial and international human rights bodies, among others, to identify and raise awareness of systemic human rights issues, promote compliance with human rights statutes, and foster inclusion, diversity, equity, accessibility and anti-racism.Footnote 14

The Commission describes its mission as “promoting and protecting human rights in Canada”. Its mandate is to protect the core principle of equal opportunity and promotes a vision of an inclusive society free from discrimination by doing the following, inter alia:

The Commission is also responsible for receiving, investigating and resolving complaints under the CHRA. It is not an adjudicative body, but does perform a screening role similar to that of a judge at a preliminary inquiry, which is provided for under the CHRA.Footnote 16 Where warranted, the Commission may refer complaints to the Canadian Human Rights Tribunal. The Commission may appear before the Canadian Human Rights Tribunal and, in doing so, it is statutorily mandated to represent the public interest to advance human rights for all people in Canada.Footnote 17

Under the CHRA, the CHRC, which includes the Chief Commissioner, plays a direct role in receiving, investigating, and resolving complaints of discrimination under the CHRA. For example, while the CHRC is not an administrative tribunal, the CHRC grant an individual the authority to investigate complaints of discrimination and, when a complaint is unfounded, the CHRC is vested with the power to dismiss the complaint.Footnote 18

More recently, the CHRC has been the subject of significant scrutiny and criticism regarding its handling of complaints of anti-Black racism as well as allegations of anti-Black racism against employees of the CHRC. The CHRC has taken affirmative steps to address this criticism.Footnote 19

The Commission was also the subject of attention following the government’s introduction of Bill C-63 on February 26, 2024, which has been referred to as the “Online Harms Act”.Footnote 20 Bill C-63 proposed changes to the CHRA to define a new discriminatory practice of communicating hate speech online. Bill C-63 seeks to empower Canadians to bring complaints in respect of online hate speech. It also provides the Commission with the ability to dismiss complaints if no “hate speech” is demonstratedFootnote 21 and empowers the Canadian Human Rights Tribunal to award damages to individuals subject to hate speech where the complaint is substantiated.Footnote 22 The role of the Commission and the Canadian Human Rights Tribunal under Bill C-63 has been the subject of debate and criticism by stakeholders. Currently, the Online Harms Act is in its second reading.Footnote 23

The interim Chief Commissioner of the CHRC recognized the dramatic rise in antisemitism in Canada since October 7, 2023, and issued a call to action on January 26, 2024, to mark International Holocaust Remembrance Day.Footnote 24 The Commission has also recognized the rise in Islamophobia since October 7, 2023, urging Canadians to stand against hate on January 29, 2024, the National Day of Remembrance of the Quebec City Mosque Attack and Action against Islamophobia.

(c) The Role of the Chief Commissioner of the CHRC

The role of the Chief Commissioner is established under the CHRA. It provides that the Chief Commissioner: is to be appointed by the GIC, the Chief Commissioner may be appointed for a term of up to seven years and may be re-appointed, and the Chief Commissioner holds office during good behaviour but may be removed by the GIC on address of the Senate and House of Commons.Footnote 25

Under the CHRA, the Chief Commissioner has supervision over and direction of the Commission and its staff.Footnote 26 The Notice of Appointment Opportunity for the position of Chief Commissioner outlines the role and experience and skills needed to perform the position.Footnote 27

The Notice of Appointment Opportunity specified that the Chief Commissioner is the Chief Executive Officer of the Canadian Human Rights Commission, and is responsible for providing strategic direction and leadership to the Commission and its staff. Specifically, the Chief Commissioner is responsible for the delivery of the Commission’s statutory mandates in addressing human rights complaints and issues of systemic discrimination; fostering public understanding of human rights through its promotion, research and policy initiatives; and ensuring compliance with human rights statutes. In this capacity, the Chief Commissioner is also responsible for the stewardship of resources to enable the fulfilment of the mandates of the Pay Equity Commissioner; as provided by the Pay Equity Act, the Accessibility Commissioner, as provided by the Accessible Canada Act, and the Federal Housing Advocate, as provided by the National Housing Strategy Act.

It also set out the following experience, knowledge, skills and abilities for the Chief Commissioner role, which included but was not limited to the following:

The Notice of Appointment Opportunity also provided for the following personal attributes: innovative; action-oriented; thoughtful; ethical; superior interpersonal skills; and, embodies the values of inclusion, diversity, equity, accessibility and anti-racism.

The Notice of Appointment Opportunity set out eligibility factors and conditions of employment, which provided:

Appointees must uphold the highest standards of probity and are expected to demonstrate behaviours in the workplace that afford respect, equality and dignity, to everyone they interact with at work at all times. The Values and Ethics Code for the Public Sector outlines the values and expected behaviours for public servants, including valuing diversity and creating workplaces free from harassment and discrimination. Governor in Council appointees are expected to uphold and respect these values and principles in a positive and active manner.Footnote 28