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Les Leyne: Veterinarian dispute a difficult file for Letnick

The outcome of the longest, most complicated human-rights case in B.C. history is still reverberating through government, leaving Agriculture Minister Norm Letnick, of all people, with a delicate balancing act.
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A file photo shows then Agriculture Minister Norm Letnick at a farm in Abbotsford.

VKA-Leyne02832.jpgThe outcome of the longest, most complicated human-rights case in B.C. history is still reverberating through government, leaving Agriculture Minister Norm Letnick, of all people, with a delicate balancing act.

His ministry has legal responsibility for the College of Veterinarians of B.C. Eleven years ago, a group of Indo-Canadian veterinarians charged the college’s predecessor body — the B.C. Veterinary Medicine Association — with systemic racism over how they were singled out and persecuted by regulatory officials. After more than a decade of hearings, arguments and lawsuits, they won their case last month overwhelmingly.

After 356 days of hearings, the Human Rights Tribunal released a massive judgment that upheld complaints about discrimination based on race, colour and place of origin. It’s a case that includes private investigators, surreptitious tape-recordings, accusations of fabricated evidence and an ocean of bad blood between a self-regulating institution and some of its members.

“Race-based stereotypes played a role in BCVMA’s dealings with the complainants, including negative generalized views about the credibility and ethics of Indo-Canadians … Persons of influence in the BCVMA held such views … but [the association] largely ignored and condoned the expression of such views. A poisoned relationship developed between the BCVMA and the complainants, which the BCVMA blamed entirely on those individuals claiming they were ‘playing the race card.’ ”

The tribunal found the association, and later the college, investigated claims of sub-standard practices against the group, described as low-cost veterinarians, based mostly on rumours.

It used an English proficiency test in a discriminatory way and imposed a standard far higher than other bodies. It found also the college’s processing of disciplinary complaints gave rise to patterns of race-based adverse treatment.

The damages awarded with interest amount to hundreds of thousands of dollars.

All of which landed on the desk of Letnick, who is more used to arguing over the Agricultural Land Reserve than dealing with systemic racism in a professional college.

He begged for time in the days after the decision, saying he needed to study the judgment. Over that time, his ministry engaged with the college about how best to handle the loss. Letnick said Friday he had hoped they would see it was in everyone’s best interests to accept the ruling and put it behind them.

But the college has decided to seek a judicial review of some elements of the judgment, which could prolong the case for months more. Sources say some officials have concerns about factual errors in the sweeping verdict. A judicial review could reverse some specific findings of discrimination.

Letnick expressed disappointment about the move. But the government appoints only four of the nine members on the board. Short of blowing it up entirely, there are limited options for imposing orders.

It has taken other steps that Letnick is happier about. The college has pledged not to go beyond seeking a judicial review, meaning there will no further appeals. It passed a “non-discrimination policy” last week, and long ago eliminated the English language requirement.

There’s also an audit of all its processes by retired Supreme Court of Canada justice Michael Bastarache and sensitivity training for everyone at the college.

Letnick has offered mediation to resolve leftover issues between the college and the complainants. In the meantime, he says, the college is on close watch by his ministry and has to report on progress within 60 days.

He said Friday the college is a different entity with different people than it was when the argument began.

He was beside himself when he read the judgment.

“I can’t believe for the life of me this kind of behaviour is still going on,” he said.

He wrote to the college this week outlining a number of steps he wants taken, but acknowledged that most of them are already underway.

The Opposition rapped the government for indemnifying the college, but Letnick said no taxpayer money was used to defend the case.

The NDP next week will likely be questioning whether the college’s decision to pursue a judicial review undercuts the intention shown in the other steps the college says it is taking to clean up its act.

lleyne@timescolonist.com