Shiv Chopra - Human Rights Complaint

Human Rights Complaint

In September 2008, Human Rights Tribunal (HRT) adjudicator Pierre Deschamps ruled that Chopra was entitled to $4,000 in damages for "hurt feelings," lost wages, and interest after finding that Chopra was subjected to discriminatory comments, was suspended in retaliation for filing an earlier human rights complaint, and was discriminated against when passed over for a temporary promotion. Chopra's "hurt feelings" were in response to a 1998 speech by an incoming superior at Health Canada, during which the speaker stated that "he liked visible minorities.” In his complaint, Chopra claimed this was “a racist remark" and a "deeply insensitive racial remark toward visible minority employees of the bureau." Deschamps accepted Chopra's argument, writing that Lachance's remark was “discriminatory against Mr. Chopra as well as individuals … who were non-white” and that Lachance's remark "shows a lack of sensitivity on the part of Dr. Lachance for people whose skin is not white." Deschamps stated that Lachance's remark was "by any standard, racist" and criticized its "inherent racist nature." Deschamps also stated that the supervisor's intent was irrelevant, as: "The test is, over and above the racial nature of the comment itself, whether or not the person alleging discrimination was offended by the comment."

Although the tribunal ruled in favour of Chopra on some points, it also chastised him for "asserting that every manager at Health Canada practises racial discrimination, and for alleging that every appointment in the past 20 years has been discriminatory" and that such sweeping assertions, made "without a proper evidentiary basis," undermine Dr. Chopra's credibility and "have a negative impact on the promotion of human rights." Several other complaints by Dr. Chopra that he was passed over for promotions because of his race were also dismissed. The Tribunal also ruled that "there is no reason for the Tribunal to conclude that systemic discrimination still exists at Health Canada and to order it to take additional measures to address general or systemic issues of discrimination."

Jonathan Kay of the National Post criticized the decision, alleging that Deschamps accepted Chopra's claim without any "substantive explanation." Kay argued that the case was an "advertisement for why we should be closing down Canada’s human-rights commissions" and "nicely illustrates the absurd lengths to which our society’s elites will now go to demonize Whitey." Kay also noted that the tribunal did not accept Chopra's argument that he was passed over for a promotion because of discrimination (and not because he lacked sufficient experience). Kay also noted that one of Chopra's colleagues had complained he was "authoritarian and confrontational."