Termination ruled discriminatory

Pic River’s Bonnie Couchie was awarded $20,000 for discrimination over her termination from an Aboriginal relations training contract for Ontario government staff.
“As a First Nations person, every aspect of the discriminatory treatment shook me to my very core,” Couchie said. “The discriminatory termination also had the effect of thwarting improved relations with the Aboriginal peoples, the very thing they (the government) sought by organizing the training.”
The Human Rights Tribunal of Ontario made the April 14 decision against the Ministry of Municipal Affairs and Housing over the discriminatory treatment Couchie faced in 2008 when the ministry directed her contract employer to terminate her employment while her non-Aboriginal co-worker was not terminated.
“It affected my ability to use my voice fully as a First Nations person with my full range of lived experience,” Couchie said. “That was devastating to me since I had worked my whole life to have a voice as a Native person. It had the affect of silencing me or preventing me from using my voice fully as a First Nations person.”
Couchie has a master’s degree in inter-disciplinary humanities from Laurentian University, an honours degree from Lakehead University and a Native Studies diploma from Trent University. She has also been a professor at Confederation College, Algoma University, Lake State University and Sault College, teaching subjects such as Aboriginal history and culture, contemporary Native issues and Aboriginal law and politics.
Jennifer Scott, the Human Rights Tribunal of Ontario adjudicator, stated in her decision the ministry accepted the inadequate performance of Couchie’s non-Aboriginal co-worker, but did not accept it from Couchie. It was prepared to remediate the poor performance of the non-Aboriginal person, but was not prepared to remediate the performance of the Aboriginal person.
“That won’t even begin to compensate me for everything that I lost,” Couchie said of the $20,000 award. “(I’ve) just been trying to scrape by, but very unsuccessfully. I’ve tried so hard to get a job and get contacts. It’s been difficult.”
Couchie testified during the Human Rights Tribunal hearing that the termination affected her self-perception and resulted in a significant lack of confidence.
She lost her ability to promote herself and her work and notwithstanding her extensive work as a consultant with the government, she has not received government contracts since the termination.
“The Tribunal’s decision underlines the nature of systemic discrimination, where unconscious beliefs drive hiring and firing decisions,” said Amy Britton-Cox, Couchie’s lawyer from the Human Rights Legal Support Centre.
A Ministry of Municipal Affairs and Housing spokesman said the ministry will comply with the Human Rights Tribunal order.
“We have read the Tribunal’s ruling very carefully; we will take it into account in our future practices,” said Richard Stromberg, a communications branch manager with Municipal Affairs and Housing. “The Ministry of Municipal Affairs and Housing has been actively training staff to foster a greater understanding of Ontario’s diverse cultures. The province recognizes the importance of both constructive and cooperative relationships with Aboriginal people based on mutual respect and dignity.”
Stromberg said Couchie is welcome to bid on any future contracts with the Ministry of Municipal Affairs and Housing.
“We do and will continue to follow government procurement guidelines whenever engaging consultants,” Stromberg said.