Accessibility commissioner resigns after suing federal government
Michael Gottheil says claims he mistreated staff were unfounded
Canada's first accessibility commissioner has resigned during a legal battle with the federal government involving an external investigation into allegations he mistreated staff.
The lawyer representing Michael Gottheil said the commissioner submitted his notice last week that he wished to leave his job effective Tuesday.
"Going forward, he will do what he has done for more than 35 years, which is championing human rights, accessibility for persons with disabilities and the rule of law," his lawyer, Peter Engelmann, told CBC News.
Gottheil sued the federal government and unnamed staff at the Canadian Human Rights Commission (CHRC) last year for more than $2 million in damages including for constructive dismissal, defamation and breach of Charter rights.
The government filed a statement of defence last month arguing the lawsuit should be dismissed. It alleged Gottheil's "bullying and inflexible conduct" is mostly or entirely to blame for workplace conflict and an external investigation found his "inappropriate" behaviour ran afoul of the workplace violence and harassment rules governing his appointment.
Justice Minister Arif Virani ordered Gottheil to take an anger-management course, undergo leadership training with a coach and complete other courses, the government's statement of defence said.
None of the allegations in Gottheil's statement of claim or the government's statement of defence have been tested in court. Gottheil's lawsuit said the investigation's final report found that many of the claims against him were unfounded.
The government appointed Gottheil to the newly created job of accessibility commissioner in 2022, describing it as a "historic" move. His role was to ensure government bodies and federally regulated private entities follow Canada's accessibility laws.
Workplace issues surfaced during Gottheil's first year on the job. Former Justice Minister David Lametti ordered the Justice Department to initiate an external investigation by an Ottawa firm to look into allegations about his treatment of staff at the CHRC which cost more than $230,000.
Staff at the commission had been tasked with supporting Gottheil's work, but didn't directly report to him because he is a governor-in-council appointee — not an employee of the CHRC.
The government's statement of defence said during Gottheil's onboarding meeting in 2022, he expressed that the presentation was insulting and didn't reflect "his status or knowledge," and he spoke loudly along with striking the table with his fist or hand.
During another meeting in November 2022, Gottheil was also allegedly involved in a "heated argument" with an employee at the CHRC and was aggressive toward them, the statement of defence said.
Some staff at the meeting later raised concerns about what happened and a pattern of conduct including "intimidating and aggressive behaviour" during Gottheil's first six months or so on the job, the statement of defence said. All but one of the employees who reported concerns left the unit that helped support Gottheil's work, the statement of defence said.
The government's statement of defence said an Ottawa firm's external investigation found Gottheil displayed a pattern of "verbal and physical manifestations of anger, on different days and locations" and it was "objectively intimidating" to others.
Gottheil's lawsuit said in multiple cases the investigator concluded there was "no basis" to find that he made "the insulting and demeaning remarks" including during the onboarding meeting or the November 2022 meeting.
His lawsuit also said many of the comments in the report about how his behaviour "was perceived" were "clearly related" to his disabilities.
Gottheil is blind and hard of hearing due to Usher Syndrome and sometimes speaks loudly and isn't aware of people's facial expressions or when they've finished speaking, his lawsuit said.
Gottheil's statement of claim also alleged he faced "persistent discrimination" during his time as commissioner including repeatedly being given inaccessible documents and his requests for accommodation regularly being "ignored or met with frustration." He also alleged the government didn't investigate his concerns.
The statement of defence said that since his appointment, all of Gottheil's requests for accommodations had been met except for a wayfinding system in the office which is still in the works.
It added Gottheil's concerns were outside of the scope of the external investigation, but he was encouraged to share them with the investigator and could have filed a separate formal complaint.
It said Gottheil took the online courses requested by the Justice Minister, and the department apologized to Gottheil for giving him tests that he said were not accessible to him. The department then gave him an accessible format, the statement of defence said.
Gottheil's reply to the statement of defence this month said he was told to answer the tests by email. He said responding over email would "undermine the confidentiality of the process."
His lawsuit also seeks damages from the government and staff for defamation after CBC News reported that employees sent a letter in 2023 to the minister of justice alleging a "psychologically unsafe and difficult work environment" in connection to Gottheil's "toxic impact" on the workplace.
His lawsuit denied those claims, called them defamatory and said "no such factual findings" were made in the investigation's final report.
The commission spent close to $13,000 for Simner Corporation, a global arbitration firm, to try and identify the source of CBC News reporting in 2023. CBC News obtained a heavily redacted copy of the report under the Access to Information Act that said the investigation was "non-conclusive" and couldn't prove anyone breached the Commission's code of ethics.
The CHRC said in a statement to CBC News it is "deeply committed to a barrier-free Canada" and as it waits for a new accessibility commissioner to be appointed, it's working on "exploring options" to continue this work.
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