Canada's first accessibility commissioner facing investigation of claims that he mistreated staff

A year after the federal government praised its "historic appointment" ofCanada's first accessibility commissioner, the government has ordered an external investigation intoclaims that he mistreated staff, CBC News has learned.

Justice Minister David Lametti said he became aware of "the situation"in January and asked his department to look into it.

The Department of Justice has retained the Ottawa firm Quintet Consulting to investigate the allegations against Commissioner Michael Gottheil. According to emails viewed by CBC News, the firm starts interviews next week.

The investigation comes months after the Canadian Human Rights Commission (CHRC) sent emailsoutlining for staff what it called "protective measures" dictating that meetings with Gottheilwere to be conducted virtually, rather than in person.

A group of employees at the CHRCwrote a letter in March to the Department of Justice sayingthey first raised concernsabout Gottheil with the commission in November 2022.

The letter does not offer specific examples of Gottheil'salleged behaviour, beyond claims that he had a "toxic impact" on the workplace and allegations of a"psychologically unsafe and difficult work environment."

Through his lawyer, Gottheil told CBC in an email that these claims were new to him, he would fully participate in the investigation and helooked forward to "a fair, impartial and comprehensive process."

In theMarch letter, the employees questionedthe amount of time it was taking for the department to retain a third party to investigate a delay they said was causing additional "stress and anxiety" for affected staff.

Three senior employees left "critical management positions"after theconcerns were raised with the commission, the letter said.

"These losses are either wholly, or in large part, due to the behaviour of Mr. Gottheil and the toxic impact he has had on our work environment," reads the March 31 letter to the department.

"None of these individuals wanted to leave. Additionally, at least two remaining individuals are considering leaving the Commission due to this psychologically unsafe and difficult work environment."

Lametti said his department acted "expeditiously" to engage a third party to investigate.

"I took it seriously," Lametti told CBC News. "We need to have a fair process that respects the rights of everyone involved."

Gottheil is a governor-in-council appointee in a leadership role overseeing theenforcement of theAccessible Canada Act.Roughlytwodozenpublic servants at thecommissionhelpsupport Gottheil'sworkbut do not report to him directly, since he is not an employee of the CHRC.

As a governor-in-council appointee, Gottheilis expected to uphold "the highest standards of probity" and treat everyone in the workplace with "respect, equality and dignity,"according to the terms and conditions in place for public office holders.

In a statement sent through his lawyer to CBC News, Gottheil confirmed the existence of theinvestigationbut said his understanding is that no formal complaints have been filed.

"After more than five months, I still am not aware of the details of any allegations against me," said Gottheil in the statement. "Nonetheless, I will fully participate in the investigationand look forward to a fair, impartial and comprehensive process.

"My career has been dedicated to promoting and protecting accessibility, human rights and fairness for all Canadians," Gottheiladded. "I have worked as a lawyer, human rightsmediator and decision maker for over 35 years.

"In that regard, I have alwaysbeen committed to fair processes, and for those processes to run their proper course.I was not aware of the new allegations you have raised.In any event, allegations should be investigated, and a fair, impartial and comprehensive process is the appropriate way to do so."

Regarding the claims about Gottheil's behaviour, his lawyer Peter Engelmanncalled it"new" information. Engelmann said hewas following up with the Department of Justice to confirm the nature of the claims.

'Protective measures'

Internal documents viewed by CBC News showtop officials at the CHRCand multiple government departments have been involved in the caseover the past five months.

Interim chief commissioner Charlotte-Anne Malischewski and executive director Ian Fine informed staff by email before the winter holidays that all future meetings between staff and Gottheil would be virtual, rather than in-person, and would be attended by at least two or more staff members.

Malischewski and Fine also told employees that "emails and written" memosare the commission's "preferred means" of communication between Gottheil and staff, according to theemail viewed by CBC News.

The email said the Privy Council Office had endorsed the measures.

WATCH/ Justice minister confirms third-party investigation

Justice minister says department moved 'expeditiously' to investigate workplace complaints

1 year ago

Duration 0:40

Justice Minister David Lametti says a third party is investigating alleged workplace concerns involving Canada's first accessibility commissioner, Michael Gottheil. Gottheil says he's unaware of complaints and looks forward to a fair, impartial process.

The head of the commission's human resources section also wroteto staff and said virtual meetings with Gottheil would be recorded.

"If at any time you feel that the tone or content of communications in a meeting is disrespectful, or could be psychologically harmful to you, you may choose to leave the meeting immediately," the CHRC'shead of human resources, Alexander Patenaud, wrote in an email to employees on Dec. 2, 2022.

The CHRCis already under scrutiny in the Senate after a report found it had discriminated against its Black and racialized employees.

In response to the Quintet Consulting investigation, the CHRCsaid that "while we cannot comment on confidential personnel matters, the Commission takes seriously its obligation to maintain a safe and healthy workplace that is respectful and inclusive."

The commission was the onethat asked the justice minister to launch an investigation related to the "reported allegations," according to an April document written by Quintet Consulting and viewed by CBC News.

Consulting firm expected to write report

As part of its investigation, Quintet Consulting is gathering evidence from the employees who reported issues with Gottheil, along with Gottheilhimself and witnesses, saysa document written by Quintet Consulting and shared with those participating in the process.

The investigator will prepare a preliminary report with conclusions, the Quintet document said. Justice Canada will then have a chance to review the report for procedural fairnessbefore the report is finalized, the document said.

The document contained a confidentiality agreement Quintet expects interview subjectsto sign.

In an email to CBC news, Quintet Consulting's VP Julien Adant said "there is no information we can share on this matter."

The Department of Justice said it undertakes investigations "as expeditiously as possible" and would not comment further to protect the confidentiality and integrity of the investigation.

"We hope to get a result as soon as practical, but we do have to ensure fairness," Lametti said.