Saturday, 23 October 2021

SOCIAL: PROPOSED POLICY CHANGES/ AFFIRMATIVE ACTION

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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