Employment Equity Series Article 1: Pioneering Employment Equity in Canada

Justice Rosalie Abella, a remarkable trailblazer in the legal realm, is a woman I deeply admire for a multitude of reasons. Breaking barriers with unparalleled grace, she holds the distinction of being the youngest person and the first pregnant person to ascend to the esteemed position of a judge in Canada. This historic achievement not only underscores her legal acumen but also symbolizes her unwavering commitment to challenging societal norms. 

Beyond her legal prowess, Justice Abella serves as a beacon of inspiration, particularly for young women navigating the intersection of professional aspirations and family life. Her journey embodies resilience, proving that one can excel in their career while embracing the complexities of motherhood. In a landscape where such accomplishments were once deemed unattainable, Justice Abella’s story resonates as a testament to the limitless potential within every aspiring professional. 

Early Life and Legal Career 

Born in a displaced persons camp in Stuttgart, Germany, in 1946, Justice Abella’s family immigrated to Canada when she was just a child. This early experience of displacement and the challenges faced by newcomers undoubtedly shaped her perspective on equality and justice. She pursued a legal career, earning her law degree from the University of Toronto in 1970. 

Justice Abella embarked on a path that would eventually lead her to the Supreme Court of Canada. Her legal career was characterized by a commitment to human rights, equality, and social justice, and these principles were at the core of her work long before she joined the bench. 

The Royal Commission on Equality in Employment 

One of the defining moments of Justice Abella’s career came with her role as the sole commissioner of the Royal Commission on Equality in Employment, which was established in 1984. This commission had a profound impact on the development of employment equity policies in Canada. 

The commission’s mandate was to investigate and provide recommendations on achieving equality in the workplace, particularly for historically disadvantaged groups such as women, members of visible minorities, Indigenous peoples, and persons with disabilities. Justice Abella’s leadership in this role was instrumental in addressing systemic discrimination and bias that persisted in the Canadian workforce. 

Her groundbreaking report, commonly known as the “Abella Report,” highlighted the persistent barriers that hindered the full participation of these groups in the workforce. The report’s recommendations laid the groundwork for the creation of Employment Equity legislation in Canada. 

Employment Equity Act 

The Royal Commission’s recommendations were heeded by the Canadian government, leading to the passage of the Employment Equity Act in 1986. This landmark legislation aimed to address employment disparities and promote diversity and inclusion in the workplace. The act required federal employers to take affirmative action to increase the representation of designated groups. 

Justice Abella’s visionary leadership and her dedication to creating a more equitable society played an instrumental role in the development and implementation of the Employment Equity Act. Her work during the commission and her commitment to advocating for a fair and inclusive workforce left a lasting legacy in Canada’s approach to employment equity. 

Legacy and Impact 

Rosalie Silberman Abella holds a unique place in Canadian legal history. She was the first Jewish woman and the first former refugee to be appointed to the Supreme Court of Canada. What’s more, Justice Abella achieved this distinction while making history as both the youngest person and the first pregnant person to become a judge in Canada. Her remarkable journey through the legal profession reflects both her exceptional legal acumen and unwavering dedication to the principles of equity and justice. 

During her tenure on the Supreme Court, which spanned from 2004 until 2021, Justice Abella’s impact extended beyond her courtroom decisions. She brought a wealth of experience and a deeply rooted commitment to issues of equality, making her an influential figure in shaping the legal landscape of Canada. It is this enduring legacy and tireless pursuit of justice that we will explore in Part 2 and 3 of the series, , shedding light on the pivotal role she played in the creation and evolution of Canada’s Employment Equity Act. 

In a world where diversity and inclusion are increasingly recognized as essential components of a thriving and equitable society, Justice Abella’s legacy continues to inspire and guide those working to build strong, healthy organizations where employees can thrive. Her life’s work is a testament to the idea that through the pursuit of justice and the advancement of employment equity, we can create a better, more inclusive Canada for all. 

This blog by Zakeana Reid was previously published by Diversio EDU (formerly CCDI Consulting) in Feb 2024.

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