GATINEAU and TORONTO – The federal government has relieved Raj Shoan of his duties as CRTC commissioner for Ontario. This is believed to be the first time a commissioner’s appointment was rescinded mid-term.
The Order-in-Council says the Minister of Canadian Heritage, Mélanie Joly, wrote to Shoan “informing him that certain of his actions brought to her attention called into question his capacity to continue serving as a Commissioner of the CRTC, providing him with information regarding these concerns including the documentation upon which they were based, and inviting him to make any representations that he wished to have taken into account before any decision was made on whether to terminate his appointment for cause.”
The actions referenced relate directly to the federal court case heard just this week in Toronto, which Shoan brought against the CRTC chairman, as we reported on. The case made public a workplace which was characterized by more than one CRTC employee – thanks to an investigator’s report Shoan made public with his court filing – as “toxic”.
Shoan was given the opportunity to respond to the Minister’s February 26th letter and he did, however “the Governor in Council has concluded that Raj Shoan’s actions are fundamentally incompatible with his position and that he no longer enjoys the confidence of the Governor in Council to be a Commissioner of the CRTC;
“Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister for the purposes of the Canadian Radio-television and Telecommunications Commission Act, pursuant to subsection 3(2) of the Canadian Radio-television and Telecommunications Commission Act, terminates for cause the appointment of Raj Shoan as a full-time member of the CRTC for the Ontario region, effective June 24, 2016.”
Shoan, in a statement released Friday afternoon, is not going without a fight. He referenced this week’s Federal Court hearing “respecting allegations of workplace harassment made against me. At the outset of that hearing, Justice Zinn rescinded the limited confidentiality order issued previously on consent,” reads the statement issued through his lawyer.
This refers to the investigator’s report mentioned above. The federal government’s lawyer wanted it kept confidential. Shoan refused and Justice Zinn sided with Shoan, making the unredacted report public.
“With respect to the issue of confidentiality, having read the record of the proceeding, Justice Zinn was of the view that it was not warranted given that there was ‘no serious interest’ to be protected. With respect to the issue of workplace harassment, Justice Zinn noted procedural challenges with the actions of the CRTC that he characterized as ‘quite troubling’. At the conclusion of the hearing, Justice Zinn indicated his intention to make best efforts to issue his decision prior to September.
“Today, in lieu of Justice Zinn’s pending decision in a few weeks, the Governor in Council has chosen to issue an Order-in-Council rescinding my appointment to the CRTC. In so doing, in my view, it has violated principles of natural justice and procedural law. While I am disappointed in its decision, I am resolute in my desire to preserve and protect the integrity of the CRTC’s decision-making and governance structure. I have and will vigorously defend any false accusations in this matter. Accordingly, I will shortly file for judicial review of the Governor in Council’s Order as well as an interlocutory injunction pending the issuance of Justice Zinn’s decision on the matter.
“It is my hope that, in the interests of fairness, justice and due process, all parties will abide by and respect the time required for the Federal Court to issue a reasoned, thoughtful and considered judgement on this matter.”
