Federal government lawyers have contacted the University of Alberta to make sure it’s meeting equity requirements for the country’s most prestigious professorships.

It comes after the university proposed to remove equity, diversity and inclusion (EDI) from its hiring policy.

The Tri-agency Institutional Programs Secretariat (TIPS) monitors post-secondaries receiving federal research grants, including Canada Research Chairs, highly reputable government-funded professorships. Requirements of the chairs program include EDI statements, action plans and targets.

CBC News obtained a copy of an email from the TIPS legal team that says the secretariat is concerned about the situation at the U of A and has made a formal inquiry to ensure the school is in compliance with the federal program. 

According to the email, the lawyers anticipate continued compliance, but they require confirmation from the university.

A spokesperson for Canada Research Chairs confirmed to CBC News that the organization is in discussions with the university.

This dialogue comes after the U of A drafted a new hiring policy that removed the practice of favouring candidates from historically underrepresented groups when equally qualified. 

The proposed policy goes to the university’s board of governors for approval later this month.

Federal EDI requirements

The EDI requirements for the Canada Research Chairs program stem from a series of human rights legal settlements over the last 20 years.

They include targets to increase representation among four specific groups by 2029. Schools must also bring in an EDI action plan, have underrepresented groups on hiring panels and consider equity gaps when hiring a chair position.

Nominations or funding could be withheld from schools that don’t meet those requirements.

The U of A’s current roster of chairs already meets the 2029 targets. Verna Yiu, the university’s provost, wrote in a blog post last month that the school remains aligned with federal EDI expectations.

“Our approach is careful, measured and fully consistent with funder policies, ensuring that our processes comply with funding eligibility and sustaining the excellence and quality of University of Alberta research,” Yiu wrote.

WATCH | Why the U of A is removing EDI from its hiring policy:

Why the U of A is removing EDI from its hiring policy

While the Edmonton university claims the old hiring policy didn’t always work, community members say eliminating equity, diversity and inclusion is a step back.

In an emailed statement, a university spokesperson reiterated to CBC News that the proposed policy change was carefully designed to stay compliant with federal requirements.

But Amir Attaran, a law professor at the University of Ottawa, doesn’t buy that. 

“I trust the federal government to make sure the U of A does the right thing and keeps its EDI program in place,” he said.

Attaran was behind one of the human rights settlements that led to the federal program bringing in EDI requirements.

He said what is happening at the U of A matters because platforming more diverse research is a Canada-wide project. 

Attaran said rigorous EDI hiring policies are needed to train and employ the diverse chairs of tomorrow.

“Unless all institutions are signed up to the same goals and are working together to produce equity in our higher education institutions, failure by one is a threat to all,” Attaran said.

“It means that they’re taking their foot off the gas.”

Before equity rules, Canada Research Chairs were disproportionately white men, said Robin Whitaker, president of Canadian Association of University Teachers (CAUT), a national advocacy group for academic staff.

Whitaker said it would be concerning if universities are creating a two-tiered system where they meet federal requirements, but roll back commitments to EDI in general hiring.

“I don’t think we can just say, ‘Oh, we’ve checked that box and that’s all we need to do,’” she said.

Going too far?

Meanwhile, the federal standing committee on science and research is looking into the criteria for awarding federal research funding, including EDI. 

CAUT submitted a brief to the committee advocating to keep equity frameworks in place, arguing they advance excellence and fairness in research.

Dave Snow, an associate professor of political science at the University of Guelph, was one of several academics who presented to the committee. He told its members that, in some cases, EDI has gone too far for these agencies. 

Snow would like to see federal grants take on more neutrality, he said.

In the U of A case, Snow said there are political considerations, in addition to legal ones.

“There are very good reasons why the federal government should be cautious about being seen as going into, what is very clearly, an area of provincial jurisdiction,” Snow said.

“Forcing provincial universities to maintain very strict EDI hiring … I would expect that that’s not a political fight that the federal government probably wants to be having right now.”