Why Diversity at Administrative Tribunals Matters

In December 1977, 27-year-old Kalwant Singh Sahota left Punjab, India, a place his family had called home for numerous generations, and eventually landed in Vancouver, Canada. Not unlike many immigrants, he was university-educated but his master’s degree from abroad was not recognized in Canada. With limited job prospects, he moved in the summer of 1978 to Prince George, BC, where he found work at a non-unionized sawmill.

Always the social activist and dissatisfied with the working conditions at the sawmill, Sahota, with the help of seasoned IWA business agent Shiv Singh Garcha— a pioneer in his own right as a turbaned Punjabi Sikh union business agent in the province in the early 1970s—attempted to unionize the employees at the sawmill. After the employer became aware of the union organizing, Sahota and two coworkers, Gurcharan Singh Chatha and Varinder Singh Sarana, were dismissed. The union filed an unfair labour practice complaint at the BC Labour Relations Board (the “Board”) challenging the dismissals, which was eventually resolved.

Over four decades later, in April 2022, I took my oath of office as a Vice-Chair at the very same Board my father, Kalwant Singh Sahota, had dealings with in 1978 as a new immigrant to Canada. As you can imagine, the makeup of the Board is quite different now than what it looked like over four decades ago. I am nearing the end of my four-year appointment as a Vice-Chair at the Board, and I often think about how I ended up here, and why it matters.

South Asians, and in particular, Punjabi Sikhs, have a long history of labour activism in this province. But they’re not alone. Chinese, Japanese, Filipino, Middle Eastern, Mexican (and the list of immigrants goes on), have all been active in advocating for workers throughout the history of this province, and many continue to do so. They have also become successful business owners and have established an influential presence as employers across the province.

When labour disputes arise and unions and employers are unable to resolve issues amongst themselves, many issues land at the Board. So why does it matter that a Punjabi Sikh is one of the decision-makers at the Board? Because having a qualified Board that is representative of the people who appear before it matters.

While a Vice-Chair cannot make a decision without being aware of the law and policy related to the issues before them, having cultural awareness about the issues or parties brings an added benefit to the decision-making process, and there is no substitute for lived experiences. At the end of the day, the job of a Vice-Chair is to make a well-reasoned decision based on the evidence, argument, law, and policy before them. The parties must also receive a fair hearing, be given an opportunity to argue their case, and have their voices heard.

I have presided over several cases where immigrants and newcomers to Canada have testified, and their evidence included subtle cultural references. And while nothing turned on these cultural references in the cases before me, having a Vice-Chair who understands these cultural nuances helps parties accept that they’ve been heard by someone who understands them and is familiar with their stories.

While not every Vice-Chair is going to be aware of every cultural nuance out there, a Board that is diverse and made up of qualified adjudicators ensures public confidence when members of the public see themselves represented in it. Further, a Board that is cognizant of the diverse experiences and perspectives of those who appear before it not only helps create trust in the process, but it also helps create law and policy that is informed by those experiences and perspectives.

I’m certainly not the first—other racialized Vice Chairs at the BC Labour Relations Board have come before me and include Najeeb Hassan, Leah Terai, Ritu Mahil, Jitesh Mistry, Koml Kandola, Rene-John Nicolas, etc. And I won’t be the last either—Vice Chair Bobby Sangha just started recently.

The Board is made up of an equal number of Vice-Chairs from the employer-side and the union side. This is to ensure that the Board is balanced. But balance requires more than just what side of the bar one comes from. A diverse Board matters because in order for an institution to continue to be seen as having credibility and integrity, people need to see themselves represented in it.