FEWO Committee Report

LIBERAL PARTY OF CANADA DISSENTING REPORT

SEXUAL HARRASSMENT IN THE FEDERAL WORKPLACE

Kirsty Duncan, Member of Parliament for Etobicoke North

INTRODUCTION

This dissenting report first thanks all the witnesses, many of whom shared difficult information about their personal lives in order to provide a better quality of life for fellow Canadians.

This dissenting report recognises their courage, determination, and sense of fairness, and their wanting justice for all employees in the federal workplace.

While the text accurately reflects witnesses’ testimony, it is profoundly sad that some seventy-five percent of what witnesses asked for is absent from the main report. That is, the report protects the status quo, and is lacking in recommendations made by witnesses. Hence, this dissenting report is necessary.

Readers should question that if the status quo is acceptable and is working, why have Canadians read so much about sexual harassment in the federal workplace, and why is this report lacking in substantial recommendations?

The report could have been so much more impactful if real recommendations were included to protect women from sexual harassment in the workplace; and ensure better processes with monetary support so that women who are victimized are not victimized a second time through expensive litigation, and ensure better tracking so that the government could ensure that real progress was being made on reducing harassment within the federal workplace.

Witnesses came in good faith to testify and expected the report to honestly reflect (1) their recommendations for a better workplace and (2) investments they needed their government to take.

RECOMMENDATIONS

Because of the page limit for dissenting reports and the enormous amount of material that has not been included in the report, I will only briefly highlight what could have been added to make the report more complete.

(1) Develop a Pan-Canadian Action Plan to End Violence against Women

The government should work with the provinces and territories, First Nations, women’s groups, victims groups, law enforcement and all necessary stakeholders to develop a Pan-Canadian Action Plan to End Violence against Women and Girls, with a section addressing violence and sexual harassment in the workplace.

(2) Undertake a National Survey on Violence Against Women

Statistics Canada should undertake a national survey to follow-up on the 1993 Violence Against Women Survey to identify the prevalence and nature of sexual violence, sexual harassment in the workplace, and new trends regarding sexual harassment.

(3) Increase the Number of Women in Leadership/Managerial Positions

Status of Women Canada should partner with federal and federally regulated workplaces, particularly those with hierarchical, male-dominated power structures, in order to increase the number of women in leadership/managerial positions with the goal of establishing a workplace reflective of society and which does not tolerate sexual harassment.

Sexual Harassment-Preventive Policies

(4) Include “Psychological Harassment” in the Canada Labour Code

“Psychological harassment” should be included in the definition of “sexual harassment” in the Canada Labour Code, as psychological harassment might impact an employee’s dignity and well-being.

(5) Require the Development of Violence and Harassment Policies that Include Victims of Domestic Violence and the Impact of Domestic Violence on Workplace Safety

Because domestic violence can carry over into the workplace, it is important that victims be protected at work, and that a safe work environment is ensured for all employees.

(6) Deliver Sexual Harassment Prevention Training In Person

Sexual-harassment prevention training should be delivered in person; and on-line training should be used to complement in-person training, and not be used as a subsitute.

(7) Study the Impact of Job Insecurity on Sexual Harassment

Status of Women Canada should study the impact of job insecurity, resulting from recent and pending budget cuts, on sexual harassment, and the possible under-reporting of sexual harassment.

Process Policies

(8) Take Remedial Action to Correct Incidents of Sexual Harassment even if Unreported

Federal employers and federally-regulated employers should take remedial actions to correct incidents of sexual harassment reported to them, regardless whether a formal complaint is filed or not.

(9) Reinstate the Right of the Complainant to Review the Report on a Complaint before it Becomes Final

The Treasury Board policy on Harassment Prevention and Resolution should reinstate the right of the complainant to review the report on a complaint before it becomes final and to supplement the evidence with additional witnesses or documents.

(10) Amend Policies on Harassment to Provide Complainant with Right to Representation

Treasury Board should amend its policies on harassment, including sexual harasment, to provide the complainant with the right to representation, and to have representation during the complaint process.

Monies Policies

(11) Issue a Remedial Order of Monetary Payment following a Finding of Discrimination by the Canadian Human Rights Tribunal

The Canadian Human Rights Tribunal, upon finding that a department, government, or individual is found to have discriminated against or sexually harassed an individual, should issue a remedial order of monetary payment equal to or greater than the legal fees incurred by complainants.      

(12) Reinstate Funding for Alternative Dispute Resolution

The Department of National Defense should reinstate the funding necessary for the alternative dispute resolution mechanisms that have been used by the Canadian Forces.

Data-Tracking Policies

(13) Study the Extent of Under-reporting of Sexual Harassment

Status of Women Canada should take the lead to study the extent of under-reporting of sexual harassment in the federal and federally regulated workplace.

(14) Develop a Framework for Consistent Data Collection

Status of Women Canada should take the lead in establishing a framework to allow for consistent data collection on sexual harassment by all workplaces.

(15) Provide Exit Surveys with Specific Questions on Sexual Harassment

Federal and federally regulated workplaces should provide exit surveys to out-going employees that include specific questions on sexual harassment.

Royal Canadian Mounted Police (RCMP)-specific Policies

(16) Develop an Action Plan to Put an End to Systemic Sexual Harassment

Status of Women Canada and the Department of Public Safety along with experts and survivors of sexual harassment should work with the RCMP to develop an action plan to put an end to systemic sexual harassment.

(17) Establish an Independent Complaints Resolution Process

The RCMP should establish a complaints resolution process that is independent from the chain of command where members can confidentially disclose and seek binding resolution of disputes if they are being harassed in the workplace.

(18) Create an Insependent Oversight Body

An independent oversight body should be created, and that all complaints of sexual harassment within the RCMP should be investigated independently.

(19) Take Much Stronger Disciplinary Action

The RCMP should take much stronger disciplinary action, including dismissal, when it comes to proven sexual harassment allegations.

(20) RCMP Establish/Improve a Centralized Data System

The RCMP should establish/improve a centralized system that collects all data on complaints of harassment (including sexual harassment), including information on what type of issue it is, what the allegations are, what resolution was sought, what happened to the complaints, what steps were followed in the resolution process, what the final resolution was, and any other details of the investigation.

Follow-up Policy

As a follow-up to this study, the Treasury Board Canada should review the process and the outcomes of all arbitrations, human rights complaints, internal investigations and settlements involving sexual harassment and report back to the Standing Committee on the Status of Women within one year.

CONCLUSION

I hope that the witnesses see not only their voices and their testimony reflected in the report, but also now see their recommendations reproduced.

I am sorry that their recommendations are not included in the report as they should have been, but are instead found in a dissenting report. I am also sorry that page limits did not allow for all of their recommendations to be included.