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Serious insight for serious situations.

Serious insight for serious situations.

Sexual Misconduct in the Military, Part I – The Preliminary Battle Plan

Canada’s Defence Minister Anita Anand recently advised Parliament that she has ordered the Canadian Armed Forces to plan significant operational changes, meant to ground the cultural transformation required to reduce the CAF’s high rate of sexual misconduct amongst service members.

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‘Tis the season… for workplace investigations? | Joyeuses… enquêtes en milieu de travail ?

Holiday season is almost here, and as workplace investigators, we know that during office holiday parties, some employees, managers, or directors who may have had one or two too many drinks sometimes engage in different types of misconduct – including vexatious comments or jokes, and unwelcome sexual advances or physical contact – that negatively impact individuals and that can even poison the work environment. This is borne out by the case law.

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A primer on sexual assault investigations in the workplace

Some of the most serious forms of workplace or institutional investigations will involve the investigation of allegations of sexual assault. For post-secondary institutions (“PSIs”), incidents of sexual assault are, unfortunately, not uncommon. As evidenced by recent stories in the media, incidents of sexual assault can also arise in a variety of other workplaces and organizations.

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L’affaire Render ou l’histoire d’un cas de tolérance zéro en matière de harcèlement sexuel |  The Render’s case or a story of zero tolerance in sexual harassment

Si l’année 2022 nous a déjà fourni amples sujets de discussions tels que la gifle de Will Smith aux Oscars, ou encore le procès en diffamation de Johnny Depp, la récente décision de la Cour d’appel de l’Ontario dans l’affaire Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310 (CanLII), rejoint, à mon avis, aisément ce palmarès.

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We need a tort of sexual harassment

In 2019, the Ontario Court of Appeal (ONCA) released its decision in Merrifield v. Canada (Attorney General), reversing a trial court decision and definitively ruling there to be no independent tort of harassment. The plaintiff, an employee of a police force, had made a claim of harassment and bullying which he asserted negatively impacted his career and caused him emotional distress.

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The perils of orientation week

During orientation week at the outset of last fall’s semester, reports over social media alleged that up to 30 women may have been drugged and sexually assaulted at one of Western’s campus residences. In response to these allegations, students planned a walkout, police were called to investigate, and Western implemented mandatory sexual violence awareness…

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