A call for applications at Laval University (UL) for the position of holder of the Canada Research Chair in Canadian-Quebec History, which excludes white men, has prompted a professor, who considers his rights violated , to file a complaint with the Human Rights Commission of Quebec and Canada.
“We are in a drift. We think that fighting discrimination with discrimination is not a good way to proceed. It will just stir up tensions, says Frédéric Bastien, historian, professor at Dawson College and activist. It’s rare, a position in history. »
He believes he might have had the skills to apply: he has a doctorate in history and has several publications to his credit, including the book The Battle of London.
We think that fighting discrimination with discrimination is not a good way to proceed. It’ll just stir up tension. It’s rare, a position in history.
However, in the job posting consulted by The dutywhose competition ended on November 8, 2021, Université Laval writes that “only candidates who possess the required skills AND who have self-identified as a member of at least one of these four underrepresented groups (women, Aboriginals, persons with disabilities and persons belonging to visible minorities) will be selected”.
“Université Laval cannot submit other types of candidate profiles until its representation targets have been reached, in accordance with the requirements of the CRC Program [chaires de recherche du Canada] “, we add.
Quotas
Ottawa has set diversity targets following a Federal Court ruling that was added in 2019. It aims to redress a historic imbalance in minority representation. The targets for December 2029 are 50.9% for women, 22% for visible minorities, 7.5% for persons with disabilities and 4.9% for Indigenous peoples. Universities close to target: Data from the Canada Research Chairs program shows that in September 2022, representation for “women and gender minorities” was 44.3%, 24, 9% for racialized people, 6.1% for those with a disability and 3.8% for Aboriginal people.
To achieve this, universities across the country initially exclude white men from applying for federally funded research chairs. This situation was denounced by the Quebec government and the opposition last March.
On the UL side, care is taken to specify that “all universities must comply with these requirements”. “Before the launch of each CRC competition, an assessment is made to find out if there are still gaps to be filled in order to reach the targets established by the Program [des chaires de recherche du Canada]. If these targets are met, CRCs can be awarded to anyone,” explains spokesperson Andrée-Anne Stewart.
For questions of principle, Frédéric Bastien sent a complaint on October 31 against Laval University and one against the Canada Research Chairs Program to the Canadian and Quebec Human Rights Commissions. “By doing this, she violated my rights,” writes the professor. Being considered a white, heterosexual man, I could not apply for the position in question, because the quotas for the categories indicated above were not reached. »
Matter of dispute
Since this way of doing things generates lively debates, Stéphane Beaulac, full professor at the Faculty of Law of the Université de Montréal (UdeM), believes that filing a complaint is good news because “it will make it possible to settle the question and “test the program”.
“There is reason to challenge these displays. There is a grip, legally speaking, ”believes the specialist in constitutional law. But not necessarily on the discriminatory aspect, he adds, because it is part of a program expressly authorized by the Quebec Charter of Human Rights and Freedoms and by the legislative regime.
“The key concept is that of proportionality. This is where the legal handle is, believes the one who himself was president of the hiring committee at the Faculty of Law of UdeM for two terms. That is to say that it goes too far because the process is supposed to keep as an absolute priority the competence to be fulfilled according to the functions of the display. It is therefore to deprive oneself from the outset of several files that would make it possible to see, in the hiring market, who are the most competent people. »
Contacted by The dutythe Canada Research Chairs Program emphasizes that “equity goals and strategic hiring are considered best practices by the Canadian Human Rights Commission to address the historic and persistent under-representation of minorities.
“White men are eligible for several research chair positions across Canadian universities,” adds spokesperson Andrea Matyas. The Canada Research Chairs Program is inclusive and inclusive. It is precisely for this reason that measures are taken by the program to ensure representation that corresponds to that of the population. »
Laval University adds for its part that a candidate cannot obtain a position for a Canada research chair if he does not complete a self-identification form. Consulted by The dutyit includes questions with detailed response choices on gender, sexual orientation, Aboriginal identity, visible minority status and presence of a disability.
“This is a condition of the Program when the files are assessed by the federal government,” specifies Andrée-Anne Stewart.
A situation denounced by Frédéric Bastien, who plans to file a complaint against this form. “It is the individual’s private sphere that is invaded by the employer,” he believes.