Michael Gottheil seeks $2.3 million in damages from CHRC: report
Canada’s former accessibility commissioner is suing the federal government following an investigation into allegations that he mistreated staff.
Michael Gottheil is seeking a total of more than $2.3 million in damages. That consists of $1.6 million in damages from the federal government for constructive dismissal, mental suffering, and violations of his charter rights and $600,000 in special damages from employees of the Canadian Human Rights Commission (CHRC), alleging that they maliciously made false claims against him, damaging his reputation, according to a CBC report.
Gottheil has been on medical leave since the end of August.
The lawsuit follows an investigation by Ottawa-based firm Quintet Consulting, which was commissioned by the federal government after several CHRC employees raised concerns about his leadership.
Previously, Assembly of First Nations (AFN) national chief RoseAnne Archibald cried foul about the investigation into her alleged bullying and harassment.
‘Toxic’ leadership at CHRC?
In March 2023, a letter from CHRC employees to the Department of Justice (DOJ) described Gottheil’s office as a “psychologically unsafe and difficult work environment.” The letter alleged that his leadership had driven multiple senior employees to leave or consider leaving due to what they called a “toxic impact.”
Gottheil has denied the accusations, describing them in his statement of claim as “defamatory.” He also argues that the media leaks of these internal complaints violated the confidentiality required during the investigation, according to the CBC report.
Previously, the Treasury Board of Canada Secretariat (TBS) found that the CHRC discriminated against its own Black and racialized workers.
Gottheil also alleges the media leak that publicized the employees' letter and other documents violated the confidentiality requirement of the investigation, according to the CBC report. The claim also notes that the investigation did not conclude he made any personal or derogatory remarks. Instead, the statement asserts that “many of the comments” about how his behaviour was perceived were related to his disabilities.
"He sometimes speaks loudly and will not always be aware of when other speakers have finished or of facial expressions or social cues," the statement of claim says. "This can affect the plaintiff's behaviour in meetings and the perception of that behaviour, particularly when other participants are not properly informed or trained on these matters."
Review of Gottheil’s statement of claim
In response to the lawsuit, former CHRC chief commissioner Marie-Claude Landry expressed disappointment with how Gottheil has portrayed her and the commission.
“I am disappointed with how Mr. Gottheil has mischaracterized me and the people at the commission who work with and for him,” Landry said, according to CBC. She added that she looks forward to correcting the record once the matter is before the courts.
Meanwhile, The DOJ said it's reviewing Gottheil's statement of claim, adding it's "premature to comment on the allegations or those next steps."
The allegations have not been tested in court and a statement of defence has not been filed, noted CBC.
A recent decision from the British Columbia Civil Resolution Tribunal (CRT) highlights the importance of context in assessing if an employer’s actions amount to constructive dismissal.