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

A year after the federal government praised its “historic appointment” of Canada’s first accessibility commissioner, the government has ordered an external investigation into claims 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) outlined for staff what it called “protective measures” dictating how meetings with Gottheil were to be conducted.

A group of employees at the CHRC wrote a letter in March to the Department of Justice saying they first raised concerns about Gottheil with the commission in November 2022.

The letter does not offer specific examples of Gottheil’s alleged 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 he looked forward to “a fair, impartial and comprehensive process.” 

In the March letter, the employees questioned the 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 the concerns 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 who investigates complaints about workplaces failing to follow Canada’s accessibility regulations. Roughly two dozen public servants at the commission help support Gottheil’s work but do not report to him directly, since he is not an employee of the CHRC. 

As a governor-in-council appointee, Gottheil is 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 the investigation but 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 investigation and 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,” Gottheil added. “I have worked as a lawyer, human rights mediator and decision maker for over 35 years.

“In that regard, I have always been 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 Engelmann called it “new” information. Engelmann said he was following up with the Department of Justice to confirm the nature of the claims.

‘Protective measures’

Internal documents viewed by CBC News show top officials at the CHRC and multiple government departments have been involved in the case over 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” memos are the commission’s “preferred means” of communication between Gottheil and staff, according to the email viewed by CBC News.

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

WATCH/ Justice minister confirms third-party investigation

The head of the commission’s human resources section also wrote to 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’s head of human resources, Alexander Patenaud, wrote in an email to employees on Dec. 2, 2022.

The CHRC is 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 CHRC said 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 one that 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 Gottheil himself and witnesses, says a 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 fairness before the report is finalized, the document said.

The document contained a confidentiality agreement Quintet expects interview subjects to 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.