Out of Asia: Topologies of Racism in Canada
Jennifer Chan
ABSTRACT: This case study recounts my harrowing experience through a great Canadian equity swindle—involving two internal university equity investigations, BC Human Rights Tribunal, and the BC Supreme Court—to bring to account a deeply flawed and allegedly discriminatory academic hiring process. I situate my human rights complaint in the larger socio-political context of Canada becoming “too Asian.” Download the article from Workplace: A Journal for Academic Labor.
For the background, chronology, and case records, see our coverage in the Workplace blog. Briefly:
BCHRT’s decision on 24 January 2012 to hear the Chan v UBC and others [Beth Haverkamp, David Farrar, Jon Shapiro, Rob Tierney] case (21 December 2010 HRT decision; 24 January 2012 HRT decision) was moved to the Supreme Court for a judicial review (see The Ubyssey’s [UBC student newspaper] feature article for the backstory to the case). The Supreme Court then ordered the BCHRT to review its initial decision (29 May 2013 BC Supreme Court judgment). The BCHRT turned and dismissed the case on 19 December 2013.
- December 2009 Complaint filed to University
- 21 December 2010 BC HRT decision
- 24 January 2012 BC HRT decision
- 29 May 2013 BC Supreme Court judgment
- 19 December 2013 BC HRT dismissal
- 1 March 2015 Dean announces Review of Chair (no Report was produced)
- 1 April 2016 Dean announces search for David Lam Chair (Associate Dean Haverkamp appointed Chair of Search Committee again). Announcement that Chair was “recalibrated.”*
*Note: Exactly what was “recalibrated” through the “Review” is unclear. Comparatively, when advertised in 2005 and 2009, the Name of the Chair was the “David Lam Chair in Multicultural Education.” The April 2016 Ad or CFA still indicates the same. So the Chair title was not recalibrated. In 2005 and 2009, the search sought scholars who contributed to multicultural education and now in 2016 the search seeks scholars who contributed to multicultural education and “social justice studies” so that was not recalibrated. One could readily argue that multicultural justice and social justice are interchangeable. In 2005 and 2009 multicultural education was not defined but in 2016 a definition of multicultural education is given: “commitment to anti-oppression, anti-racism, intersectionality, and decolonization.” But that does not appear to be a recalibration inasmuch as it just gives a definition.
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Reasonable hostility: Academic freedom & speech under threat #highered #edstudies #criticaled #bced #bcpoli #ubc #yteubc
No disrespect, but… Politic for politic, as faculty and student activism over the last decade was generated in response to administrative measures taken to devalue academic budget lines and increase debt loads, administrators formed policies that shored up their powers to police campus speech and launch investigations. Following an introduction of a Respectful Environment policy in 2008, in anticipation of an upcoming political protest on campus in March 2009, the President of UBC circulated a “Respectful Debate” memo warning students and faculty to “pay special attention to the rules that govern our conduct” for speech. Legislation of respect entangles or snares the left and right in the same finely meshed dragnet attenuating civil liberties. This also recalibrates a network of surveillance media and technologies, challenging nearly all protections in the workplace. Some self-identified centrists or voices of reason welcome the new measures, adopting roles of third persons while reporting to administrators that loose lips sink scholar-ships.
In Canada and the US, these new respectful workplace policies, which anticipate or respond to workplace legislation and court decisions, mean that academic freedom and charter or constitutional rights noticeably contract at the campus gates. Watching postsecondary institution by institution adopt similar respectful workplace policies, the Executive Director of the Canadian Association of University Teachers (CAUT), issued a memorandum in late March 2009 advising vigilance: “the test of ‘disrespect’ identified in these policies is for the most part experiential and subjective – notions like ‘feelings of shame’ or ‘embarrassment’ crop up repeatedly.” He subsequently asserted, “a major problem in Canadian universities is not that too many people are asserting their academic freedom, but that too few are.”
Similar policies in the US are compounded by the Supreme Court’s 2006 Garcetti v. Ceballos opinion that “when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline,” reinforcing managerial discretion and prerogative. Although academic freedom remains a special concern of free speech rights and was deferred by the Court in Garcetti, legal analysts such as Harvey Gilmore concur that “Garcetti has now become the definitive statement on a public employer’s discretion in managing office operations, and that discretion includes controlling an employee’s speech made in the scope of the employee’s professional capacity.”
Following legislation in four other provinces, on 1 July 2012 new legislation in BC came into effect through an amendment of the mental disorder section of the Workers Compensation Act. The new amendment in Section 5.1 provides for potential compensation if the disorder
(i) is a reaction to one or more traumatic events arising out of and in the course of the worker’s employment, or
(ii) is predominantly caused by a significant work-related stressor, including bullying or harassment, or a cumulative series of significant work-related stressors, arising out of and in the course of the worker’s employment.
For legal preparation for this legislation now common across Canada, universities such as UBC folded a large scope of potential infractions into their respectful workplace policies. What stands as protection for disability or “mental disorder” and against “bullying or harassment” under the law is extended in higher education policy to common modes of academic speech—commentary and criticism—that might be articulated in the wrong tone.
Offices of Human Resources introducing or monitoring respectful workplace policies oversimplify speech by stressing, “it is not what you say but how you say it that counts.” Repeated in HR across higher education and curiously by some administrators, this folksy maxim come respectful workplace policy draws on centuries of etiquette texts. “Rather than seeing public talk occasions as needing politeness or civility, a better norm” Karen Tracy proposes, “is reasonable hostility.” She effectively hashes out parameters for democratic communicative practice and flips this “aphorism on its head, it is not merely how something is said, but what a person says that matters.”
Only certain types of face-attack are legitimate and desirable in local governance situations. ‘Reasonable hostility’ is the name for acts that are. Reasonable hostility involves person-directed attack; it is remarks that imply disrespectful, undesirable things about others. Targets of reasonable hostility will judge speakers uttering those remarks to be rude, disrespectful, unfair, and so on…. A speaker might be cognizant that his or her remarks may have this effect, but their purpose is to express outrage about a wrong. The speaker sees self’s central aim as witnessing a truth or expressing righteous indignation.
Faculty and students are bookended by a reformalization of academic speech on one side and a normalization of administrative equivocation, deception included, on the other. Can voices of critique and voices of liberty speak together, with reasonable hostility, as a voice of truth? Can the left and right speak (together)?
Read More: Petrina, S. & Ross, E. W. (2014). Critical University Studies: Workplace, Milestones, Crossroads, Respect, Truth. Workplace, 23, 62-71.
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Posted in Academic freedom, Accountability, Administration, Advocacy, BC Education, Censorship, Commentary, Critical University Studies, Ethics, Faculty, Free speech, Legal issues, Organizing, Solidarity, Student Movement, Students, Unions, Working conditions
Tagged Academic freedom, Administration, Ethics, Free speech, Legal issues, Organizing, Students, Working conditions