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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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Ontario to regulate campus employee-student sexual misconduct with Bill 26

On October 27, 2022, the Ontario government announced Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022 (“Bill 26”). Beyond finalizing the legal name change of the former Ryerson University to the now Toronto Metropolitan University, Bill 26 proposes new rules on how Ontario post-secondary institutions (“PSI” or “PSIs”)…

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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 workplace investigator’s thoughts and takeaways on a recent NBA investigation

If you’re a fan of the NBA (“the League”), as I am, you may have heard about two high profile stories that sprang up during the off-season. In the Western Conference, Robert Sarver, the owner of the Phoenix Suns , was suspended for one year and fined $10 million, following a large investigation into allegations of racism, misogyny, and bullying in the workplace (the details of which I will briefly get into later).

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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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Alarming allegations, child witnesses, and bias: Lessons from a public school investigation

Conducting an investigation that is thorough, fair, confidential, and timely is, to speak plainly, complicated work. Investigators must make many difficult judgement calls during the process, including which witnesses to interview, which records, texts, and emails to review, and how to weigh the various types of evidence when making findings of fact.

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