Supreme Court Declines Appeal in CSIS Analyst’s Discrimination Case
12-23-2024
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OTTAWA — The Supreme Court of Canada has declined to hear the appeal of Sameer Ebadi, a Canadian Security Intelligence Service (CSIS) analyst who alleged workplace discrimination and religious persecution at the spy agency.
Ebadi, who uses a pseudonym to protect his identity due to the sensitive nature of his work, filed a lawsuit in January 2020, claiming abuse, bullying, and discrimination. However, in June 2022, Federal Court Justice Henry Brown dismissed the case, stating the court lacked jurisdiction and that Ebadi should have pursued the agency's internal grievance processes.
The Federal Court of Appeal upheld this decision in March 2023, leading Ebadi to request the Supreme Court's intervention, which has now been refused.
Claims of Harassment and Religious Persecution
A practising Muslim, Ebadi fled a repressive Middle Eastern regime and began his career with CSIS over two decades ago. He alleged that colleagues at the agency discriminated against him, passing him over for promotions despite his exemplary work record.
In his statement, Ebadi described incidents of physical and emotional abuse, including instances where colleagues intentionally disrupted his prayers by forcefully opening his office door, causing harm. He claimed the agency protected harassers and that internal processes were ineffective and fraught with the risk of reprisal.
Legal and Policy Implications
Ebadi's case highlighted a contentious section of the Federal Public Sector Labour Relations Act, which mandates internal grievance procedures as the sole remedy for workplace disputes. In his appeal to the Supreme Court, Ebadi argued that this provision should not bar civil lawsuits in cases of intentional harm, such as physical assault.
His submission emphasized the need for judicial clarity, stating that emerging case law had expanded the requirement to use internal processes even for severe allegations like assault and battery. "Canadian courts need clarity and direction on this significant issue of obvious national importance," Ebadi wrote.
Federal lawyers countered that the law was clear and that Ebadi’s appeal sought to overturn nearly three decades of established jurisprudence, undermining a comprehensive federal labour dispute framework.
Broader Context of Harassment at CSIS
The decision comes amid broader scrutiny of CSIS workplace culture. In December 2023, then-CSIS Director David Vigneault apologized for the agency's handling of harassment and assault allegations, including incidents in its British Columbia office.
Vigneault announced measures to address harassment, including the creation of an ombudsperson’s office and annual public reporting on workplace misconduct.
These steps followed reports of sexual assault allegations within the agency and lawsuits dismissed on similar grounds—that internal grievance processes had not been exhausted.
This report by The Canadian Press was first published on October 17, 2024.
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