UPEI violates human rights

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from the Charlottetown, Prince Edward Guardian, May 6, 2010:

UPEI: defender of human rights?

Commentary
by WAYNE PETERS

So, you are told that you have been discriminating against your employees. What do you do? Continue to do it anyway, of course. This is just what the UPEI administration is doing under President MacLauchlan's leadership. In a thumbing-your-nose show of disrespect for human rights, the administration confirmed to the UPEI Faculty Association that it will continue to enforce mandatory retirement despite a Human Rights Commission ruling that it is discrimination.

No suspension of this ruling has been issued by the P.E.I. Supreme Court. However, it seems the administration has decided to implement one anyway while it pursues a judicial review of the ruling by the court. Of course, the commission's ruling ought to have been enough to persuade the administration to eliminate its policy while it seeks an appeal. Appallingly, though, it would seem the administration would rather ignore the ruling and continue its discriminatory practice until the court tells it otherwise. It is disappointing that the administration would continue to spend much-needed university resources in an effort to get around a basic human right.

Consequently, it has been necessary for the faculty association to file grievances under each of its collective agreements in response to the administration's unbelievable position. It has also asked the Human Rights Commission to issue a cease-and-desist order to make it absolutely clear that the administration must stop discriminating. This order would then be filed with the P.E.I. Supreme Court putting the administration in contempt of the court should it continue to enforce the policy. It would be incredible to have to do this for the administration to get the message but it does appear to be the case. Meanwhile, three additional faculty members will be forced to retire within the next eight months should the administration continue on this path.

What is most deplorable here is the administration's choice to ignore the commission's ruling which, like it or not, is the law of the land. If you don't like the ruling then by all means work within the system to change it. In the meantime, though, you must accept it. You cannot take the law into your own hands. No one, and certainly not a university, can be above the law.

In a recent edition of the association's newsletter, the Fabric (January 2009), board chair, Fred Hyndman, stated that "the Board has the duty to carry forward the mission, the goals, the objectives" of the University and that its fundamental role is "to monitor, evaluate and oversee that things are being done to achieve those goals as effectively as possible." Given this, one would think the administration's blatant disregard for the commission's ruling would be problematic for the board. It begs the question of just how mindful board members are of the statement being made on their behalf by this continued effort to suppress human rights.

Throughout all of this, the university's image has undoubtedly suffered as a result of the administration's shameful actions. Of course, this blemish on our reputation will have a detrimental impact well beyond our local community. UPEI recruits and retains academic staff and students from the local, national and international fronts. Without question, the academic staff at UPEI works extremely hard to advance the university's mission and goals and to build its excellent reputation. Consequently, it expects nothing less from the university's administration and its board and demands better when it comes to defending human rights.

Wayne Peters is the past president of the UPEI Faculty Association and an associate professor in the department of engineering at UPEI.