University of Alberta's Resistance to Affirmative Action Policies Sparks Debate
In a controversial stance that has ignited discussions across Canadian academia, the University of Alberta is receiving praise for its willingness to address what critics call discriminatory practices embedded in affirmative action policies. According to commentator Peter MacKinnon, the university's position represents a significant departure from the prevailing trends in higher education institutions.
The Core Argument: Affirmative Action as Discrimination
MacKinnon asserts that affirmative action initiatives, regardless of the terminology used to describe them, fundamentally constitute discrimination that contradicts Section 15(1) of the Canadian Charter of Rights and Freedoms and equivalent provisions in provincial human rights codes. "Promoting diversity sounds better than practicing discrimination," he notes, "but the two have gone hand in hand in our universities and other public settings."
The author points to observations by journalist Tristin Hopper, who documented that Canadian universities have implemented:
- Race-centric hiring and admissions practices
- Race-segregated student spaces and events in certain cases
- Academic positions from which specific demographic groups are excluded
- Institutional requirements for applicants to pledge support for Equity, Diversity, and Inclusion (EDI) initiatives
- Student admissions pathways exclusively available to non-white applicants or those with specific group identities
- Quotas for designated groups in prestigious appointments like Canada Research Chairs
The University of Alberta's Position
According to MacKinnon, the University of Alberta represents a rare case of institutional pushback against these practices. University president Bill Flanagan acknowledged that "For some, the language of EDI has become polarizing, focusing more on what divides us rather than our shared humanity. Some perceive an ideological bias at odds with merit."
However, MacKinnon emphasizes that his concerns extend beyond mere polarization. "Affirmative action — by whatever name it is known — is discriminatory," he states unequivocally. While acknowledging that such practices remain constitutionally permissible in Canada, he argues they should be subject to strict conditions that minimize intrusion on the fundamental right to equality and freedom from discrimination.
Potential Consequences and Opposition
The university's stance is not without potential consequences. University of Ottawa professor Amir Attaran has reportedly threatened to seek defunding of the University of Alberta if it follows through on its commitment to end what he views as discriminatory hiring practices. MacKinnon suggests Attaran will find little support in Alberta, though federal agencies might respond in ways that could exacerbate existing national divisions.
Proponents of affirmative action typically ground their arguments in reported experiences of identity group members and decisions from some human rights tribunals. These narratives often avoid framing affirmative action as discrimination, instead presenting it as a necessary corrective to historical inequities that temporarily supersedes the right to equality.
The Broader Context of Individual Consideration
MacKinnon clarifies that his objection is not to considering racial, gender, or other attributes in faculty appointments and student admissions. He acknowledges that "the whole person — the entirety of a person's life and experience, including their personal identities — may be relevant in these decisions." The crucial distinction, he argues, is that such considerations should depend on individual cases rather than group identities as a primary determinant.
The fundamental question, according to MacKinnon, is how far institutions can go in permitting what would otherwise be unlawful discrimination in the name of affirmative action. In Canada, he contends, the answer has been "very far," with practices that would be considered discriminatory if applied in reverse directions.
As the University of Alberta navigates this contentious issue, it faces obstacles from both sides: from those who insist EDI initiatives must continue unchanged, and from critics who believe the university hasn't gone far enough in rejecting what they view as discriminatory practices. The outcome of this institutional stance may influence how other Canadian universities approach affirmative action policies in the coming years.
