SUBJECT: AFFIRMATIVE ACTION POSITIONS
PURPOSE: This
briefing note is a recommendation for changes in policy pertaining to affirmative
action.
ISSUE: There
is not enough action to provide the affirmative action for government
positions.
Background:
Affirmative
action are government interventions designed with inclusion as an
objective. The affirmative action in
government agencies seeks to permit those in disadvantaged positions to
positions in the government. By acquiring
the position, those that were disadvantaged socially move up in society. This is what are referred to as social
levelers. Social levelers give equity to those that may otherwise be unable to
ascertain a specific position. As it
pertains to affirmative action, people in traditionally marginalized positions
such as the indigenous, the LGBTQ, the disabled, amongst others can gain equity
through the granted position. These
peoples experience can be beneficial to service delivery. It allows the government institutions to
understand different perspectives in which they may have overlooked. It also allows the individual in question to
understand the government and be able to relay that learned information to the
community. Thus, affirmative action
serves as a method by which the integrity of the government can be
validated. Although in Canada, there is
currently a perception that the workings of the government are just, there have
been scandals and acts contrary to the Constitution that depict the integrity
of the government may be in a state of uncertainty as it pertains to the citizens. These integrity issues could persist if
action is not effected. Canada is a
country that employs a Constitution to protect the rights of its citizens. With this in mind, there is a specific
Charter of Rights and Freedoms section in the Constitution by which guaranteed rights
are given. These rights were permitted as
a result of the citizens relinquishing their agency in exchange for concessions
provided by the government. Such concessions
can include judicial justice and crime protection. Despite
these however, there have been constitutional infringements on the citizens of
Canada, a multicultural country that prides itself on diversity. This brief is going to highlight several
injustices the government has engaged in as it pertains to the modern context of
integrity. The matter involving SNC Lavalin
in Montreal was a very serious issue.
SNC Lavalin is an engineering firm that creates architectural structures. In this case, the firm was awarded a contract
by the government to build a hospital in the city of Montreal. What is striking here is that a public
servant, was bribed by the firm so that they may be awarded the contract. Moreover, the firm was engaged in funding a
Libyan dictator so they can be awarded contracts in that country. Bribery is a criminal act under the Criminal
Code of Canada, Section 120. It specifically
says:
“[it
is] an indictable offence and liable to imprisonment for a term not exceeding
fourteen years who (a) being a justice, police commissioner, peace officer,
public officer or officer of a juvenile court, or being employed in the
administration of criminal law, directly or indirectly, corruptly accepts,
obtains, agrees to accept or attempts to obtain, for themselves or another
person” (Canada 2021).
The fact that
the public servant accepted the bribe directly goes against the fundamental proponents
of “peace, order, and good governance.”
Specifically, as mentioned herein, it is an infarction of “order.” As for the awarding of such contract to the
firm who supported Libya who at the time was in conflict, the government granting
such contract to the firm, makes them privy to the conflict within Libya. Henceforth, it goes against the responsibility
to protect with respect to the idea of peace, order and good governance stated
in the Constitution in Section 91.
The We Care scandal
involves the government awarding a “$912 million Canada Student Summer Grant
program (CSSG)” contract to WE Charity.
This program was designed to “connect post-secondary students to
volunteer opportunities.” This scandal involved
“allegations that the organization had close ties federal government officials
which could constitute a conflict of interest.”
Such conflict of interest comes in the form of the Prime Ministers direct
relatives were paid by the program to make appearances. Although not a criminal violation, it however
is an ethical problem. Ethical problems
arise when there are issues related to values and morals. The fact that the Prime Ministers direct
relatives had an involvement in the company serves as a method by which weakens
decision making because of conflicts interest. Evidently the program was not administered
was scrutinized as government committees determined how the company with “close
financial ties to prominent members of the government received a sole-sourced
contract to run the Canada Student Service Grant.’
The Canadian
Constitution under the Canada Act specifically stipulates under Section 2 that citizens
have “freedom of thought, belief, opinion and expression, including freedom of
the press and other media of communication.”
The municipality of Surrey in British Columbia has implemented a bylaw
by which it seeks to prevent political signage being displayed on the private
property of its residents. Such
draconian law, is reminiscent of repressive states which serve to oppress its
citizens. It is contrary to the actual reasons
as to why people choose to live in Canada.
Many residents are infuriated by this and it continues to be a pressing
issue in City Council. The Canadian
government has already encroached on freedom of speech in recent history contrary
to Section 2 in the Canadian Constitution.
This incremental change is a sequential process by which to remove the
rights of the citizens.
These mentioned
scandals have created marginalization in society and it is necessary to hire
some of these people to fix and resolve the integrity issue of the government.
Considerations:
As it
pertains to marginalization, the people experiencing it have value. They serve to balance the inequity happening
in society by providing insight to the matter.
If the government decides to take in these people through affirmative
action, they can resolve the integrity issues of the current government. However, if they act in a contrary manner,
there is a likelihood that the government could face further degradation. Western society is built on the rule of law,
equality, human rights and free trade.
Acting contrarily causes three of the aforementioned to be violated
upon. These are the very values of
western societies, and it are the values that have served to enrich the
west. In fact, since the 1800’s America
was the wealthiest nation. It was the
idea of the rule of law and free trade that promoted such American
expansion. And it was the increase in wealth
and the legal structure that allowed the
standard of living to be increased within the western states. Such standard of living was implemented
through the idea of equality and human rights.
According to the previously mentioned peace, order and good governance, these
are responsibilities in which countries as Canada are obliged to uphold with
respect to their citizens as per the Treaty of Westphalia. Regardless, the current marginalization experienced
by Canadian citizens in society can serve to benefit the government bureaucracy. These people use critical thinking in order
to be able to navigate their circumstance, situation and scenario against the
demands of society and the government thereafter. It is such critical thinking that should
interest the government because it can refine service delivery specifically to
meet its obligation of peace, order and good governance. These individuals are contrasted to
traditionally educated people in that they have tacit knowledge. Tacit knowledge comes in the form of individual
skills, expertise, experience, cultural beliefs, values and attitudes thus it becomes expirential knowledge. Combined with post-secondary tertiary
education, tacit knowledge can contribute to explicit knowledge. The government operates according to explicit
knowledge. Explicit knowledge comes in
the form of manuals, procedures documents etc.
By hiring several individuals who have experienced marginalization in
Canadian society through affirmative action, the government of Canada can begin
to reflect on its performance with respect to the citizens and thus resolve its
integrity issues before it becomes worse.
Options:
Option
1: Affirmative action hires.
Affirmative
action hires are frequently looked down upon by the industry. “Social justice warriors,” and moral
entrepreneurs frequently conflict about these hires. Affirmative action also comes in the form of “industry
plants.” These people employed in these
positions are met with disdain by the people in their industry however, what is
not known to these people causing such conflict is that such hires serve to
make a structure that is balanced. The
idea of structural functionalism is the conceptualization of the government
structure, and such structure requires a variety or diverse inputs. By having some affirmative hires, it helps
the government gain the insight they need to be able to rectify and solve the
issues facing the Canadian citizen.
Affirmative hires are equitable to those that are experiencing marginalization
however, hiring such individuals should also be considerate of the education
that they have attained with respect to the position. This option is the most sustainable as it
allows for a diverse array of inputs to the government which then reflects the actual
needs of the Canadian citizens. From a security perspective, this option
serves to ensure that the government doesn’t fall out of line with regards to
the rule of law it are obliged to uphold.
This is an inclusive option because it allows those experiencing marginalization
entry into the government to influence it according to their experience.
Option
2: Status quo.
This option is
not advisable continue the injustice to the Canadian citizen. The integrity issues the government is currently
experiencing would continue, thus this option would not be beneficial as it
pertains to security. This is the most
feasible option however, its sustainability is questionable as it severely goes
against the fundamental pillars by which western societies are erected.
Recommendation:
Option one is
recommended.
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