Premier Wynne Calls for Review of Sexual Harassment Rules in Ontario

In the wake of the allegations regarding Mr. Ghomeshi, Premier Wynne has called for a review of sexual harassment rules in Ontario. While employees of broadcasters like the CBC generally fall under the jurisdiction of the Federal Canada Labour Code (and therefore Premier Wynne has limited power over the CBC), the situation has served as “lightning rod” for discussion – and probably one that is much needed. Before we discuss whether an overhaul is required, what’s the current state of the law? Currently, sexual harassment can be a criminal offence under the Criminal Code, an offence under the Occupational Health and Safety Act and the Ontario Human Rights Code.

Under the OHSA, Employers must draft a workplace harassment policy, develop and maintain a program to implement that policy, including measures that allow workers to report workplace harassment, set out how the employer will investigate and deal with complaints of workplace harassment and provide information to employers about the contents of the policy and program. Under the HRC, harassment is also prohibited and employers must prevent or stop harassment in the workplace. The law sets out what type of conduct constitutes harassment and it is clear that sexual harassment falls under both laws. In my experience, both the Ministry of Labour and the Ontario Human Rights Commission take all complaints of sexual harassment very seriously.

So, is a legislative change needed? As it stands today, employers in Ontario have a clear legal duty to prevent, investigate and take action to remedy any form of harassment. Nonetheless, harassment complaints still regularly come before various tribunals and are often founded. Clearly, not all employers enforce the law to the fullest extent required. In my view, the law is clear and the penalties for non-compliance are there and can be substantial for an individual. Is the answer to have better education for employers? I think that there is work to be done on that front. After all, not all employers are blessed with HR departments and professionals who are trained in investigations.

Of equal or perhaps more importance, I also believe that there is societal work to be done to sensitize people to the continued existence of workplace sexual harassment and the need to report, investigate and take decisive action against offenders to ensure it stops immediately. Perhaps victims would feel more willing to come forward in an environment where sexual harassment was more openly recognized and discussed? I hope that Premier Wynne’s review of the situation in Ontario will help shed some light on the subject and help foster the public discussion.

Readers: Any thoughts on how to improve the law or discourse on workplace sexual harassment?