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Acquiescence, not consent: Lessons from N.K. v. Botuik

September 16, 2020 | By Elizabeth Bingham

There are many potentially thorny issues that await an investigator who is asked to make findings about a complainant’s consent to an intimate relationship or to a sexual encounter with a respondent, including the effects of trauma on memory, the potential involvement of intoxication and, of course, grappling with the complicated and nuanced definition of consent itself. The recent Human Rights Tribunal of Ontario decision in N.K. v. Botuik, 2020 HRTO 345, provides a useful illustration of another issue that we might encounter in an investigation that involves a sexual relationship between two employees: distinguishing coerced acquiescence from true consent.

Conducting workplace assessments under Bill C-65 | Part 5

August 31, 2020 | By Cory Boyd,

The final regulations under Bill C-65 have been released and will come into force, along with the legislation, on January 1, 2021. The Bill and the regulations introduce significant changes to how employers in federally-regulated industries must prevent and respond to incidents of harassment and violence.

Help! I’ve been asked to be a witness in an investigation

August 25, 2020

Witnesses to whom I have extended an invitation to meet with me often have questions about the process. They want to know whether they are obligated to participate, what the investigation is about, and what will be done with the information they provide.

To serve and protect? The racial discrimination of a 6-year-old girl by Peel police

August 18, 2020

Racial discrimination can often be subtle and difficult to detect, particularly in fluid and dynamic situations such as those involving law enforcement. But as a recent Ontario Human Rights Tribunal decision indicates, police action that is ostensibly intended to maintain public safety can nonetheless amount to race-based discrimination.

Employer liability flowing from an unreasonable & inadequate workplace Investigation

August 4, 2020 | By Dana J. Campbell-Stevens

In a recent decision of the Human Rights Tribunal of Ontario [AB v. 2096115 Ontario Inc. c.o.b. as Cooksville Hyundai, 2020 HRTO 499 (CanLII)], the Tribunal highlighted how an inadequate and unreasonable internal workplace investigation by an employer could result in a breach of the Human Rights Code R.S.O. 1990, c. H.19 (Code).

What workplace investigators need to know about how anti-Black racism presents in the Workplace

July 21, 2020

In a recent blog, my colleague Katharine Montpetit discussed three pivotal human rights cases involving anti-Black racism. These cases demonstrate an advancing awareness of how anti-Black racism manifests in the workplace; arguably, this awareness has grown and changed even since some of these decisions were released.

Legal principles in discrimination investigations

July 14, 2020 | By Liliane Gingras

The breadth of human rights cases may make it seem daunting for investigators to delve into the legal principles relating to discrimination. However, as workplace investigators, it is incumbent upon us to be informed of these principles. We have summarized in this blog some legal principles that can help guide the investigation process and decision-making in discrimination cases (of course, these have to be considered in conjunction with whatever discrimination policy applies to an employer’s workplace).

How do I respond to a microaggression?

July 7, 2020 | By Christine Thomlinson

We held a Webinar on June 18, 2020, on the subject of investigating microaggressions which clearly resonated with people. During the course of the session, a large number of participants wrote in to tell us about their own experiences with microaggressions.

Serious insight for serious situations.