May 4, 2008

Frail Aspirations and Human Rights

Oops, they're coming up thicker than springtime flies. Another verdict rendered on human rights in Canada. This time through the federal Human Rights Commission, considering a complaint of religious discrimination by Ali Tahmourpour who held aspirations to become a member of the Royal Canadian Mounted Police. He was accepted, it would appear, for initial training, but failed to pass muster.

Mr. Tahmourpour claimed in his complaint that he was discriminated against, because he wore a religious pendant. The kicker here is that his sergeant had made a public statement to the effect that the troop in training was not permitted the wearing of any jewellery - with the exception of Mr. Tahmourpour, in recognition of the fact that his jewellery was religious in nature.

Which simply devastated poor Mr. Tahmourpour, as it singled him out for humiliation. Holding him to be "different" through his religious entitlement. And this constituted overt discriminatory practise. Moreover, the court accepted Mr. Tahmourpour's complaints that RCMP Corporal Dan Boyer frequently swore and shouted at Mr. Tahmourpour.

The adjudicator in this case, a former trade union lawyer, Karen Jensen, was in complete sympathy with the hurt feelings and destruction of pride in self and religion. Ms. Jensen reached the conclusion that as Mr. Boyer referenced his manner as being "politically incorrect" during questioning, this represented a sarcasm not much appreciated, proving indelibly his scorn for human rights.

She identified Mr. Boyer's manner as racist, a finding that coincided with a general stereotype of white male RCMP officers who are held to be resentful of the presence of minorities within the force, believing them to have been placed at a distinct hiring advantage through the iniquitous practise of employment equity for visible minorities.

Except that the records indicate that Mr. Tahmourpour's underperformance in his initial training course was the reason for his dismissal, not a racial vendetta he claims to have been perpetrated upon him. His unsuitability for a position with the RCMP was further vindicated by the fact that in the years following his dismissal Mr. Tahmourpour has been unsuccessful in finding employment.

No one is entitled to the employment they seek; they must prove through whatever means the prospective employer uses to measure suitability that they have the skills required to perform the job. This simple truth cannot be construed as a human-rights infraction, simply because a visible minority member proves unsuitable for a position.

To become an RCMP constable requires emotional stability, physical stamina, intellectual capability and social skills. The complainant appears, on the record, to have failed to produce in those areas; somewhat like the human rights adjudicator.

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