Panel seeks independence for federal ‘restorative engagement’ program

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A panel tasked with looking into a new “restorative engagement program” to support workers who have experienced workplace harassment, discrimination and violence has delivered its recommendations to the government, which says it’s not yet sure what that program will look like or when it will be launched.

The government announced its plan to create a program for employees who had suffered harassment and discrimination to share their experiences in a “safe, confidential space” and to “contribute to systemic change” in 2022, with Budget 2023 including $6.9 million in funding over two years for the design and development of the program.

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Last October, Treasury Board President Anita Anand announced the creation of a panel of experts in clinical psychology, mediation, dispute resolution and restorative justice to put together a report with recommendations on how the program could work.

Treasury Board said the panel’s work would come with a price tag of around $550,000.

Now released, the group’s recommendations cover how the program could be governed, what form it could take and what services it could offer. It was written considering discussions and the written submissions of more than 70 networks and organizations, such as unions and federal departments, who shared their thoughts via an online forum between Oct. 31 and Dec. 8.

Written by panelists Jude Mary Cénat, Linda Crockett, Gayle Desmeules and Robert Neron, the document emphasized that the program should be housed in a “new centralized structure” that would be “completely independent of the government.

“The Public Service Commission should not oversee it, and the independent organization overseeing the (restorative engagement program) should be at arm’s length from the Public Service Commission,” the report said, adding that alternative options could include Parliament appointing an ombud to oversee the program or, in the short term, giving the task of developing and implementing the program to the existing Office of the Public Sector Integrity Commissioner of Canada. “No current structure within the federal public service has met with the support of the various groups.”

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The authors recommended that the program be able to recommend binding changes to heads of departments and agencies and that its management structure be inclusive, with professionals skilled in areas like conflict management, harassment and bullying prevention in the workplace and Indigenous issues and racism.

The report stated that the program should be run by a commissioner and “at least” four deputy commissioners, with a team of public servants working for the organization.

It said the program’s head office should be in Ottawa and there should be at least four sub-offices across Canada.

“The commissioner and deputy commissioners should have jurisdiction over all federal public-sector organizations, including the Royal Canadian Mounted Police and the Canadian Armed Forces,” the report said.

Covering “a wide range of topics,” the panel said the program should provide employees with confidential and safe options for reporting concerns, providing options to assist them. It should offer information gathering and crisis intervention, the report said, as well as mandatory training for all public servants, including leadership and human resources, to prevent future harm.

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“REP Intake and Assessment would be (the) first contact, offering the option of in-person, phone, or virtual access,” the panel said.

The report noted that legislation was needed to establish or implement the program and that its success “hinges upon adequate funding and resources.”

It also said the government should take part in ongoing consultations with equity groups while it worked to draft and implement the program.

In 2021, while Anand was the minister of national defence, a similar program was launched for employees to share their experiences related to sexual misconduct in the Canadian Armed Forces and the Department of National Defence.

Following the release of recommendations for the new program, Anand said in an interview on Thursday that her team would be looking to make a difference “as soon as possible” by studying the recommendations, developing an action plan and deciding whether another task force was needed.

“I’m a person who likes to act, especially on this issue of inclusivity and diversity in the workforce,” Anand said, noting that, while a second phase may be necessary, that didn’t mean the government couldn’t move forward with some recommendations sooner.

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Anand said the department was already working on its analysis, adding that she’d like it to be complete and for next steps to be developed “before the House rises” in June.

Treasury Board spokesperson Emelyana Titarenko said that, once an analysis was completed, a proposal would likely be presented to the federal cabinet to see “what is feasible,” though that process has not yet been determined.

Titarenko noted that the funds announced in Budget 2023 were to be used during the engagement period rather than for the program itself, meaning more funding will be required.

Treasury Board plans to continue discussions with groups and public servants, at least informally, while working on the program.

When asked what the program would look like, Anand said, “It would not be prudent for me to opine on whether individuals will be coming to a centralized location or how that governance structure would look without taking a further analysis and receiving advice from the department on this.”

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