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The Equity, Diversity and Inclusion Rule in the Selection of Scholars for Canadian Research Chairs Programs

Saturday, 29 July 2017


The Canada Research Chairs program
In 2000, the Government of Canada, through the join initiative of three government agencies  launched and funds a permanent program named The Canada Research Chairs Program (CRCP)  to establish 2,000 research professorships—Canada Research Chairs—in eligible degree-granting institutions across the country.


CRCP stands at the centre of a national strategy to make Canada one of the world's top countries in research and development.


The CRCP invests approximately $265 million per year to attract and retain some of the world's most accomplished and promising minds.


There are two types of Canada Research Chairs:


Tier 1 Chairs, tenable for seven years and renewable, are for outstanding researchers acknowledged by their peers as world leaders in their fields. For each Tier 1 Chair, the university receives $200,000 annually for seven years.


Tier 2 Chairs, tenable for five years and renewable once, are for exceptional emerging researchers, acknowledged by their peers as having the potential to lead in their field. For each Tier 2 Chair, the university receives $100,000 annually for five years.


Tier 2 Chairs are not meant to be a feeder group to Tier 1 Chairs. The intent of Tier 2 Chairs is to provide emerging researchers with support that will kick-start their careers. As part of their strategic considerations in managing their allocations, universities should develop a succession plan for their Tier 2 Chairs.


Chair holders aim to achieve research excellence in engineering and the natural sciences, health sciences, humanities, and social sciences. They improve our depth of knowledge and quality of life, strengthen Canada's international competitiveness, and help train the next generation of highly skilled people through student supervision, teaching, and the coordination of other researchers' work. www.chairs-chaires.gc.ca/home-accueil-eng.aspx.


Selection process


Each eligible degree-granting institution receives an allocation of Chairs. For each Chair, a university nominates a researcher whose work complements its strategic research plan and who meets the program's high standards.


Three members of a College of Reviewers, composed of experts from around the world, assess each nomination and recommend whether to support it.


Commitment to equity, diversity and inclusion 



The Government of Canada and the CRCP [claim to be] committed to excellence in research and research training for the benefit of Canadians. Achieving a more equitable, diverse and inclusive Canadian research enterprise is essential to creating the excellent, innovative and impactful research necessary to seize opportunities and for responding to global challenges. As such, the program is committed to the federal government’s policies on non-discrimination and employment equity.


Participating institutions administer funds in partnership with the agencies and the Secretariat. Therefore, all institutions that accept agency funding are expected to make concerted efforts to meet their equity and diversity targets, and provide a supportive and inclusive workplace. This supports the goals of equity, diversity and inclusion within the CRCP and the broader Canadian research enterprise. www.chairs-chaires.gc.ca/about_us-a_notre_sujet/index-eng.aspx?pedisable=true


Re-commitment to the equity, diversity and inclusion rule



Based on the comparative statistical demographic outcomes of the nomination and appointment processes to date, the steering committee of the program appears to be seriously miffed by what they consider to be the apparent lack of the commitment to the rule shown by the universities in designing and managing their respective programs of nominating scholars to the Chairs allocated to each of them. This lack of commitment is established by the underrepresentation of women, indigenous people, those with disabilities, and visible minorities. In statistical terms this lack of commitment is illustrated by the fact that only 28% of Chair holders at large universities are women and they are more likely to be in Tier 2 of Chairs of the program.



Consequently, in response to the recommendation in the program’s 15th-year evaluation that management should require institutions to adopt greater transparency in their allocation, selection and renewal processes for chair holders, the Canada Research Chairs Program  decided to implement a new  Equity, Diversity and Inclusion Action Plan.



The new plan will focus on improving the governance, transparency and monitoring of equity and diversity within the program. These actions will support institutions in making swift progress towards addressing the underrepresentation of the four designated groups (FDGs)—women, persons with disabilities, Aboriginal Peoples and members of visible minorities—within the program. More substantive changes that may be necessary to address the equity and diversity challenges within the program will be considered as part of a public consultation.


In furtherance of this plan, on May 10, 2017, the president of the SSHRC and the head of the CRC steering committee wrote an open letter to the Presidents of the universities which have these chairs the following letter: www.chairs-chaires.gc.ca › Home › Program Details


To the university presidents who participate in the Canada Research Chairs Program:



I am writing on behalf of the Steering Committee for the Canada Research Chairs Program (CRCP), as a follow up to my communication of April of 2016 urging institutions to make concerted efforts to address the underrepresentation of the four designated groups (FDGs: women, Aboriginal Peoples, persons with disabilities and visible minorities) in their nominations for Canada Research Chair positions. Since that time, the results of the 15th-year evaluation of the program have confirmed that greater transparency and accountability in the processes used by institutions for the allocation and selection of chair holders is necessary to ensure that institutional equity and diversity targets are met.


As part of its response to the 15th-year evaluation, the Steering Committee is pleased to share with you the Canada Research Chairs Program’s Equity, Diversity and Inclusion Action Plan. The action plan focuses on improving the governance, transparency and monitoring of equity and diversity within the program. It includes actions that will support institutions in making swift progress towards meeting their equity and diversity targets, in addition to ensuring that the essential principles of equity, diversity and inclusion are strengthened within the program. These include additional institutional requirements, some of which must be met by October 2017, and the remainder of which are due for completion in December 2017.


We are calling on you and your colleagues to take this opportunity to undertake a serious and meaningful review of your institution’s recruitment practices and work environment to identify the systemic barriers that may be impeding your equity, diversity and inclusion objectives within the program. If an institution fails to meet the deadlines stipulated in the Equity, Diversity and Inclusion Action Plan (1. Public accountability: October 27, 2017; 2. Institutional Equity Action Plan: December 15, 2017; and 3. Equity targets met by December 2019) the program will withhold peer review and payments for nominations submitted to the fall 2017 nomination intake cycle, and to future cycles as necessary, until the requirements are fulfilled.


Moving forward, program management will monitor the submitted nominations in accordance with each institution’s equity and diversity targets to ensure that progress is being made and sustained. If progressive improvements are not made in meeting equity targets between December 2017 and December 2019, additional measures may be taken. These additional measures—that are not included in the action plan, but that may be necessary to address the long-standing equity, diversity and inclusion challenges within the program—will be carefully considered as part of a public consultation, which will be held over the course of the spring and summer of this year. The consultation will discuss what further changes could be made to the program to respond to all of the recommendations of the evaluation.


As a federal program that provides funding to Canadian universities in order to facilitate the employment of individuals, program management is legally bound to ensure that the edicts within the Canadian Human Rights Act and the Employment Equity Act are upheld. As provincial employers, universities are bound by provincial human rights laws, which include very similar principles and prohibit systemic discrimination.


The Canadian Government is firmly committed to ensuring equity, diversity and inclusion with both the Canada Research Chairs Program and the Canadian research enterprise more broadly, and thereby, to the creation of the excellent, innovative and impactful research environment Canada requires to seize opportunities and respond to global challenges. To this end, we look forward to receiving your institution’s equity, diversity and inclusion action plan in December.


Sincerely,                                                                                                                               Ted Hewitt, PhD
President, SSHRC


To translate this long letter into a short plain English version, as the Globe and Mail put it, the people running this program are hoping that the new measures would help address the chronic underrepresentation of women, indigenous people, those with disabilities and visible minorities among the award ranks for the Top Tier (1) appointments.


Under the new rules, post-secondary degree granting institutions have until December 15 of the current year to create an action plan on how to achieve more diversity among the candidates and then have another 18 to 24 months to ensure that the demographics of those given the awards reflect the demographics of those academics eligible to receive them.


To put it bluntly, the universities are being warned that if they fail to make significant progress towards these goals by December 2019 may end up losing the funding for one or more of the Chairs allocated to them.


Canada Excellence Research Chairs (CERC) Program


In 2008, the government through the join initiative of three government agencies launched and funds a more elite program named the Canada Excellence Research Chairs (CERC) Program for the purpose of supporting Canadian universities in their efforts to build on Canada's growing reputation as a global leader in research and innovation. The program awards world-renowned researchers and their teams up to $10 million over seven years to establish ambitious research programs at Canadian universities. These awards are among the most prestigious and generous available globally. www.cerc.gc.ca/home-accueil-eng.aspx


Both the CRCP and the CERC programs are tri-agency initiatives of the Social Sciences and Humanities Research Council (SSHRC), the Natural Sciences and Engineering Research Council and the Canadian Institutes of Health Research. It is administered by the Tri-agency Institutional Programs Secretariat (TIPS), which is housed within SSHRC. www.cerc.gc.ca/home-accueil-eng.aspx


 


Commitment to equity, diversity and inclusion under this program


Based on the recent public statements of the Science Minister Kirsty Duncan, reported in the Globe and Mail, the administrators of the program at the university level do not appear to be showing the level of commitment to equity, diversity and inclusion expected of them by the Minister.



Consequently, last year the Minister imposed on the universities competing for one or more of these Chairs to submit a diversity plan along their applications.


According to the Globe and Mail, this past May month, speaking to a gathering of university presidents in Montreal, the Minister hinted that new measures were in the works for a larger program, she used the occasion to admonish them for not doing more to address this issue. The following day she told the interviewer:” When I became Minister of Science, I made it clear that I expected the universities to meet the equity and diversity targets that they had agreed to meet a decade ago…For the most part, they have failed to do so. It’s been a decade and there simply hasn’t been enough progress.”


 


The problems inherent to the equity, diversity and inclusion rule (“EDIR”) formulated for the two programs and its implementation.


 


The Merit Principle


Clearly, having regard to the specific objectives of these two programs, no rational person could or would take issue with the principle that the process of nomination for all of these chairs must be based on the relative Merit Principle that would identify the most accomplished scholars free of discrimination based on their membership in one or more of the four defined groups (FDGs), since generally speaking, membership in one or more of these groups is wholly irrelevant to nominations made on the Merit Principle.


On the other hand, on the same premises, a rational person would certainly take serious issue with;


First, a nomination process that requires the demographic profile of the nominees to match that of the potential nominee population defined by reference to the stipulated FDGs, and for that matter,


Second, a confirmation  process that requires the demographic profile of the nominees confirmed by the Board of Reviewers to match that of the nominees for a particular chair or for that matter of all those eligible to receive a chair. 


The premise of the commitment to the EDIR


The premise on which the university administrators are being required to commit themselves to this program, stated above, is:


“Achieving a more equitable, diverse and inclusive Canadian research enterprise is essential to creating the excellent, innovative and impactful research necessary to seize opportunities and for responding to global challenges.”


The first problem with this outlandish, albeit, well-intentioned premise is that as a matter of common sense, an equity, diversity and inclusion plan by reference  to the FDGs, surely cannot  per se  help attain  the goals set out in that sentence and therefore cannot possibly be essential to the attainment of these goals. Nor, for that matter this statement is or can be substantiated by empirical evidence.


 


The second problem with nominations oriented to the FDGs is that of the formulation of a definition through which the eligibility of membership to each of these groups that does not create inequities in the identification of the members of each group.


Even the first group-women- that used to present no definitional problem has now become problematic by the introduction of additional or new genders and the distinction between gender and gender identity.


The definition of the second group tagged -Aboriginal peoples- is even more problematic. For example, the Employment Equity Act, one of the two legal pillars of EDIR defines the phrase aspersons who are Indians, Inuit or Métis”, while in the text dealing with the ethics of research into the aboriginal peoples related to the Equity, Diversity and Inclusion Action Plan  the phrase appears to be “a person of Indian, Inuit or Métis descent, regardless of where they reside and whether or not their names appear on an official register”, qualified by the notion of self-identification. (Italics mine)


The definition of the group of persons with disabilities is a tricky one. For example;


1. The definition of disability in the the Canadian Human Rights Act reads: “disability means any previous or existing mental or physical disability and includes disfigurement and previous or existing dependence on alcohol or a drug” ((déficience)


2. The Employment Equity Act provides:


Persons with disabilities means persons who have a long-term or recurring physical, mental, sensory, psychiatric or learning impairment and who


(a) Consider themselves to be disadvantaged in employment by reason of that impairment, or


(b) Believe that an employer or potential employer is likely to consider them to be disadvantaged in employment by reason of that impairment,


and includes persons whose functional limitations owing to their impairment have been accommodated in their current job or workplace. (personnes handicapées).


Coming to the fourth category, the Employment Equity Act defines  - the phrase “ members of visible minorities as persons, other than aboriginal peoples, who are non-Caucasian in race or non-white in colour; (minorités visibles) .Then again, what about the potential candidates of mixed race? Caucasians with darker complexions? Or non-Caucasians with white complexion?


The third problem with the FDGs is that, the very decision to focus on the membership in these is in itself highly discriminatory and therefore highly prejudicial to the career and advancement prospects of academics that are otherwise discriminated on a variety of other grounds such as: religion; culture, gender identity, sexual orientation; non-visible national and ethnic origin or identity; marital status; family status; political affiliation; ideological orientation or age.


I call the mandatory prescription to focus on these four categories while demanding the universities to comply with the prohibition to discriminate on any of the grounds set out in the Canadian Human Rights Act and with the provisions of the provisions of the Employment Equity Act a perfect illustration of an oxymoron.


The fourth problem is that based on the utterances and threats of the officialdom ultimately responsible for the steering and management of these programs, the self-professed good intentions are liable to play havoc with these programs.


This will be the case for the universities that will be punished for being unable to comply with the prescribed numerical formula by cutting their funding and consequently the number of Chairs  to which they are otherwise entitled, and for the scholars who through no fault of their own  will be denied career advancement opportunities.


This is what I would call to be the government’s version of cutting one’s nose to spite one’s face.


The final  problem is that save in the case of Tier 2 Chairs in the Canada Research Chairs program, one of the key objectives, and in some instances, the overriding one of these programs, is to attract world renowned foreign researchers and scholars. 


This objective creates an inherently discriminatory process, as the local candidates qualified as they may be, would be automatically eliminated for lack of world renown or renown competitive with that of foreign scholars.


In those instances, surely the “so –called” equity, diversity and inclusion rule and the various plans designed to implement it, will become irrelevant, for the simple reason that they are impracticable. where the prospective nominees pursued by a university comprise men and women who originate from a variety of countries.


In the circumstances, one should not be surprised if universities go after foreign nationals with world reputations whenever the opportunities arise or are created by the universities in order to avoid the hassle of having to justify appointments under the equity, diversity and inclusion rule and plans.


To this extent, the commitment to equity, diversity and inclusion, may well prejudice our national objectives of promoting excellence in Canadian research scholarship by affording them the opportunity to secure an international reputation of excellence.


At the end of the day


I do not claim to be an expert in the formulation of EDIRs, devising plans in furtherance of them.


However, as a former academic who taught at three Canadian universities it does take much expertise of the subject to figure out that the kind of rule involved in the present case, with emphasis on the FDGs, will ultimately


a) Either become an affirmative action quota system whose attainment,  in an indeterminate number of instances may or will require the bending or even the displacement of the fundamental rule of selection  based on the Merit principle, in order to avoid the potential penalties attendant failure to comply with the EDIR and plan,


b) Or, will raise serious problems as to the manner in which and the basis on which the potential nominees have been assessed to be qualified for appointment to a particular Chair.
 


The proposed solution 


As a former Chairman of Public Service Commission’s Appeal Boards who adjudicated, among other matters, appeals against proposed appointments in the Public Service of Canada, I find it hard to figure out what all this fuss and bother is about and whether the matter needs to get so complicated as to require all sorts of plans.


As I see it, the sole issue in the staffing of the Chairs is to determine whether the persons appointed to these Chairs have been selected in accordance with the Merit principle. Implicit in this principle is the cardinal rule that the selection and appointment processes must not discriminate directly or indirectly against anyone in the    pool of potential candidates who wished to apply and compete for one of the Chairs or for a specific one.


First recommendation


Based on the substance of the letter sent by Dr.Hewitt, to the Presidents of the universities participating in the Canada Research Chair Program, it is clear that the Presidents and those involved in the management of the program are facing serious credibility problems in relation to manner in which they go about the business of selecting the nominees for the Chairs.


More specifically, as Dr. Hewitt put it: “…the results of the 15th-year evaluation of the program have confirmed greater transparency and accountability in the processes used by institutions for the allocation and selection of chair holders is necessary to ensure that institutional equity and diversity targets are met.”


To any person with a reasonable knowledge of English, the alleged need is a polite way of accusing the Presidents and their associates involved in the nomination process of being engaged in sharp practices, cheating the system surreptitiously in order to secure illicit results.


In the circumstances, my first recommendation is for the university presidents to repeal the present process of nomination.


The second recommendation


Instead, I would recommend the adoption of a single integrated process that would cover the entire process of selection and appointment of the successful candidates to the Chairs for which each competed.


The process would be conducted by two external boards or juries or board staffed by academics with the required qualifications to handle the task at hand.


The process


Phase I: The University


1st stage:  The university will initiate the competition for each vacant Chair or groups of Chairs when a vacancy occurs or will occur as a result of a resignation, retirement, completion of the prescribed term of incumbency, regardless whether the incumbent of the Chair requests a re-appointment or for an extension of the original appointment in excess of half of the original term.


Towards this end, the university, will draft and publish an announcement for each competition focused on one or a group of Chairs, where the incumbents of the group will pursue research in a particular discipline or specialty area or where the research is of an inter-disciplinary subject.


2nd stage: For each competition, the university will write up a job description which will specify;


Firstly, “the basic requirements” for the Chair or group of Chairs, as the case may be, that is the set of requirements which every candidate must satisfy in order to proceed further in the selection process;


Secondly, the specific knowledge, aptitudes and skills which the candidates must possess in order to be eligible for appointment;


Thirdly, the list and description of the documents which each candidate is required to file in support of the application; 


Fourthly, such additional information and documentation which either or both Selection Boards will require;


Finally, the deadline by which the application and the specified documentation must be filed. 


Phase 2: The first Selection Board


3rd stage: Once the applications are in, the one or more Selection Boards comprising three members, constituted from among the members of the current Boards of Reviewers constituted for each Chair or groups of Chairs as the case may be, will review them and eliminate the candidates who fail to meet the basic requirements.


Phase 3: The second Selection Board


4th stage: Upon completion of the first stage, a second Selection Board will be constituted along the lines of the first.


Upon review of the files of the candidates who met the basic requirements, the Board will design the manner in which it will assess the knowledge, aptitudes and skills of each candidate having regard both to those specified in the job description and to the research objectives which the candidate proposes to pursue as the incumbent of the Chair, to determine the relative merits of each applicant.


5h stage: At the end of the process, the Selection Board will submit to the university the list of the candidates adjudged to be qualified for the Chair, ranked in the order of relative merit.


Phase 4: The University


6th stage: The University in turn will advise each candidate of the outcome of the selection process; publish the list of successful candidates eligible for appointment and offer the Chair to the candidate that tops the list of eligibility.


In the event, the top candidate’s appointment cannot proceed for valid reasons; the university must then offer the Chair to the next candidate on the eligibility list.


Needless to add that the proposed solution is the first cut of a generic one which nevertheless addresses and avoids the problems inherent in the manner in which the government intends to proceed.


Nevertheless, the outlined method of identifying the candidates qualified for a particular Chair or a group of Chairs in the relative order of merit will spare the University of the Kinds of aggravating not to mention offensive situations in which they find themselves. Every researcher who thinks, feels  and claims to be qualified and therefore  eligible for appointment to a particular  Chair will be afforded the opportunity to substantiate the claim through  a transparent and accountable selection process.


In the event, the outcomes of the process fail to meet the objectives of EDIR, than clearly, it will be established once and for all that these objectives and the demographic formula prescribed to determine the degree to which these have been attained are counter-productive and have otherwise avoidable negative impacts on the paramount objectives of these two programs.


Needless to say, in the premises, the government having caused all the raucous about transparency, accountability and the rest must be asked to assume the extra costs of administering the new system.



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