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Calls to Action
Human Rights Complaint concerning the Canada Research Chairs Program
I. Possible reasons for systemic discrimination against women in CRC program structure
Preliminary legal analysis suggests that the CRC program may result in
gender discrimination for a number of reasons, including the structure of
the program itself. The apportionment of Chairs between Tier I and Tier
II appointments, for example, reveals that the resulting distribution of
recipients would necessarily result in less women than men due to the
fact, in part, that there are fewer women in academe who would fit the
criteria for Tier I appointments (in part due to "time in the
system"). The statistics produced by CRC itself demonstrate that the
resulting proportion of male and female recipients is not proportional to
the representation of women in academe.
This evident adverse gender effect may also be produced by the fact that
CRC has failed to impose guidelines on Universities in their
appointment/selection procedures (which arguably they ought to do as a
minimum in light of s. 5 of the Canadian Human Rights Act, and the
Government of Canada's own gender-based analysis program and commitments).
Elaboration on how the program discriminates against women:
- The division of the program into Tier I (for full professors) and Tier
II (for other ranks), when the Tier I positions are longer-term and
better-paying, has an adverse impact on women who are less well
represented at the full professor level (only 14%) than at the lower ranks
and therefore are structurally excluded from equal access to Tier I. The
reasons for this are historical and non-merit based (e.g. the prohibition
against women even entering universities to take degrees in the eighteenth
and most of the nineteenth century; the non-appointment of women to
faculty positions prior to 1912 [as far as we know] in Canada, the
male-as-norm career path that pits getting tenure against women's
biological "clock" etc.) Tier I perpetuates sex-based exclusion.
- The lack of enforcement of the above criteria with respect to Tier II,
such that many full professors have been appointed to Tier II positions,
further disadvantages women for the same reason: that the proportion of
women who are full professors is not nearly as great as the proportion of
men who are full professors. The existence of Tier II does not compensate
for the structural bias against women in Tier I.
- The allotment of only 20% of the CRC positions to faculty in the
humanities and social sciences (where the proportion of women faculty
tends to be higher than in the NSERC and CIHR disciplines), especially in
view of the fact that 53% of all faculty in Canadian universities is in
the humanities and social science disciplines, disadvantages women.
- The CRC's failure to impose guidelines for transparency in the
selection and appointment process prevents public scrutiny of selection
criteria in particular to ensure that it complies with equality rights
provisions of the Act. For example, the criterion (enforced at some
universities) that no one can be appointed to Tier II who is more than 10
years past the date of receipt of their PhD tends to discriminate against
women who tend to stay longer at each rank, often because of childbearing
and family responsibilities impacting on their careers.
- A prejudicial statement is printed in the recent report from a CRC
consultation held in June 2002 about "best practices" surrounding the CRC
program to the effect that setting targets for women would potentially
lower the prestige of the awards. The program already sets targets by
province, university, and discipline, so it is not target-setting per se
that is at issue, but rather the merit of women's research and/or women
researchers.
- The CRC research to date into possible sex-discrimination within the
program has used the concept of a "notional pool" of women researchers
across Canada by discipline. This is a very partial description of the
situation, for the CRC program is meant to attract meritorious researchers
from a world-wide pool. In some disciplines the percentage of women
available in countries other than Canada is higher than the percentage
available in Canada, yet the CRC research does not address this issue. Its
own investigation thus is seriously flawed and tends to under-represent
the number of women available for consideration for appointment.
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