New Ontario law targets sexual violence, harassment in workplaces, schools
The bill tabled at Queen’s Park Tuesday calls on employers to take complaints more seriously and makes it easier for victims to take legal action.
Thestar.com
Oct. 27, 2015
By Rob Ferguson
Ontario is stepping up the fight against sexual violence and harassment, making it harder for bosses and schools to ignore while setting a firm definition in law for the first time.
Legislation proposed Tuesday by the Liberal government would force employers to take complaints seriously and clear an easier path for victims taking legal action or escaping leases with abusive partners.
Women’s Issues Minister Tracey MacCharles called for “generational change” on a problem she called “so insidious, at times deeply rooted and often one with long-landing and devastating effects.”
The bill, amending several existing laws, builds on the government’s three-year, $41-million action plan called “It’s Never OK,” which included an acclaimed TV ad showing four disturbing vignettes of women experiencing various forms of assault by men, such as one pouring a date-rape drug into a drink, while onlookers did nothing.
A new series of ads is coming in late November.
While observers raised concerns about cuts to the government’s “partner assault response” program and front-line agencies short of resources, activists hailed the legislation as long overdue.
But several said they’re watching closely to see if it has teeth, with one noting a new law won’t change long-held attitudes on its own.
“Some men don’t know what sexual harassment is, a lot of men don’t understand the parameters around consent,” said Todd Minerson, executive director of the White Ribbon campaign.
The new definition will help get the right messages across because, until now, the Occupational Health and Safety Act simply mentioned only general “workplace harassment,” said Labour Minister Kevin Flynn.
Workplace sexual harassment is described broadly in the bill in two paragraphs as:
“Engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome.”
It goes on to describe “unwelcome” sexual solicitations or advances by anyone in a position to “confer, grant or deny a benefit or advancement to the worker.”
With the law proposing to cut in half the time someone can escape a lease with an abusive or violent partner - a measure that is welcomed - one legal aid clinic is concerned landlords will be reluctant to rent to women.
“Sometimes when we do good, we accidently do harm, especially with law,” said Amanda Dale, executive director of the Barbra Schlifer clinic, which specializes in cases involving violence against women.
Opposition critics said they were concerned the legislation was introduced a month before a select all-party committee of MPPs on sexual violence and harassment is expected to release its report.
The legislation was promised last March in the wake of Star investigations into allegations about former CBC Radio host Jian Ghomeshi and a lack of university and college policies on handling such complaints.
Ghomeshi faces five charges of sexual assault and one of choking related to four complainants including Trailer Park Boys actress Lucy DeCoutere. He has pleaded not guilty and remains free on bail. He is due back in court Feb. 1.
The government says statistics suggest one in three Canadian women will experience some form of sexual assault and that rates are five times higher for women under 35.
About 28 per cent of people in a survey cited by the province say they’ve been the target of unwanted sexual advances at work or been subject to “sexually charged” talk on the job.
Legislation proposed Tuesday by the Liberal government would address the following areas:
WORK: Employers would have to improve their sexual harassment prevention programs and take specific steps to protect workers, including “appropriate investigations” of complaints with recourse if complainants feel they were not taken seriously.
SCHOOL: Colleges, universities and private career colleges would have to create stand-alone policies dealing with sexual violence and review them, with student input, every three years.
COURT: Limitation periods for civil proceedings based on sexual assault or misconduct would be removed, allowing cases to be brought forward at any time.
PAIN: The limitation period for survivors of sexual assault and domestic violence to make applications to the Criminal Injuries Compensation Board would be eliminated.