Education

What's wrong with DEI?

Background

Understanding Diversity, Equity, and Inclusion (DEI) in Canada

Canada’s modern DEI policies grew out of employment equity laws introduced in the 1980s. The first federal Employment Equity Act, passed in 1986, aimed to remove barriers to hiring and promotion for groups including people with disabilities. Parliament expanded the law in 1995 to cover much of the federal public service.

Over time, some employers made the makeup of their workforce a goal in itself. The focus shifted from giving qualified people a fair chance to hitting hiring and promotion targets for designated groups.

That shift can shut qualified people out. Some federal job competitions are open only to members of designated groups. In those competitions, the box you tick can matter more than your skills and experience.

Today

How DEI impacts Canadians today

You’ve spent years building the skills and experience for a job. Then you read the fine print and learn you can’t even apply. You don’t belong to one of the groups listed in the posting.

Some federal public service jobs are open only to members of designated employment equity groups. Crown corporations such as CBC/Radio-Canada and BC Hydro also track who is represented in their workforces.

In private business, DEI can be harder for job seekers to spot. Some companies adopt their own policies. Federally regulated employers such as banks and telecom companies with 100 or more employees have duties under the Employment Equity Act. When employers put group targets ahead of merit, qualified people can lose out on jobs or promotions without ever knowing why.

Watch: Race-based privileges erode trust and create division

Our position

The Justice Centre’s position on DEI

The Justice Centre is calling on federal and provincial governments to end hiring rules that shut qualified people out or give applicants preference based on race, ancestry, or sex. That should apply to government departments and Crown corporations alike. We also want Ottawa to review the rules it sets for federally regulated businesses so qualified applicants have a fair chance to compete.

Employers should remove barriers that have nothing to do with the job. That means making interviews accessible, dropping needless requirements, and reaching out to people who might otherwise never hear about an opening. Once people apply, employers should judge them by their skills, experience, and ability to do the work.

If you’re qualified for the job, you deserve a fair chance to compete for it.

Growth of DEI since 1986

1986: Canada passes its first employment equity law

The law aims to address barriers to employment faced by four designated groups.

1996: Federal public service gets numerical hiring targets

The law requires federal employers it covers to set hiring and promotion targets based on group membership.

2005: Federal hiring moves away from a “best-qualified” standard

The Public Service Employment Act dropped the best-qualified hiring standard and let federal departments exclude applicants from some competitions based on group membership.

2014: Securities regulators put pressure on companies to set gender targets

New investor disclosure rules required certain public companies to report how many women held board and executive roles and explain any decision to forgo targets. Regulators reviewed 722 TSX-listed companies in the first year.

2020: Corporate diversity reporting becomes mandatory for certain companies

Ottawa forces federally incorporated public companies to disclose the demographic makeup of their boards and senior leadership.

2022: BC authorizes race-based data collection

BC’s Anti-Racism Data Act expands the province’s power to collect personal information and use it to judge how government programs and services serve different racial groups.

2023: Ottawa commits to expanding employment equity categories

Ottawa pledges to add Black and 2SLGBTQI+ people as separate designated groups.

2026: Federal guidance sets out hiring restrictions

Ottawa explains how departments can limit some job competitions to designated groups.