Tag: Canada

Originally published in Business in Vancouver on February 23, 2018.

By now, most Canadians – and British Columbians – are familiar with the sudden downfall of Patrick Brown, the man touted as the “next premier of Ontario” whose political aspirations came to an end in the span of six hours following a CTV News report that outlined serious allegations of misconduct.

We can now add Brown’s name to a growing list of men in North America who have faced the consequences of the #MeToo movement. Most of them made a living in entertainment and politics. But is sexual harassment prevalent only in these two areas of professional life?

The answer is “No.” Research conducted last year found that more than half of working women in Canada have experienced “conduct, comments, gestures or contact of a sexual nature that caused them offence or humiliation,” and three in 10 endured “conduct, comments, gestures or contact of a sexual nature that they perceived as placing a condition of a sexual nature on their employment or on any opportunity they might have for training or promotion.”

This incidence is simply too large to be exclusively representative of show business and public service. A majority of working women in Canada say they have been sexually harassed, but many of them lacked any mechanism for a successful resolution. Fewer than three in 10 women who have experienced sexual harassment reported it to a human resources department or a superior.

When asked why they decided to keep quiet, the women we spoke to detailed how difficult it was, and still is, to deal with these regrettable incidents.

“It was a small company, where the offender was the superior in charge,” wrote a woman from British Columbia. “It was the superior doing it,”, explained another from Atlantic Canada. In both of these cases, reporting was regarded as futile.

What about human resources? It doesn’t always go as planned, as a woman from Alberta told us: “The offending comments were made in the presence of the HR representative.”

In other cases, the behaviour of employees was simply normalized by management.

“Everyone knew this individual was crude in speech,” revealed a woman from Ontario.

None of these women worked in entertainment or politics. While there have been some highly publicized instances of executives behaving badly – particularly after bounteous amounts of alcohol – we have not seen many women coming forward to out sexual harassers in the corporate world.

While most cases of sexual harassment involve co-workers, there is a lamentable proportion of instances where the boss, manager or superior behaved in an abominable fashion. Across Canada, 40% of the working women we spoke to say they have listened to unwanted jokes with sexual content from the person they were reporting to, while 23% listened to unwanted sexual comments, conversation or innuendo. One in five (21%) report unwanted physical touching, cornering or patting, and 18% have been subjected to catcalls, whistles or being referred to using derogatory or demeaning sexual terms. Lastly, 13% felt unwanted pressure for dates. From their boss.

We might be tempted to assume that if something is not happening to the majority of working women in the country, it can be dismissed. When it comes to sexual harassment – especially when it originates from a superior – one case is too many.

In its essence, sexual harassment is related to power. A female employee with what the “Old Boys club” could describe as “the right kind of attitude” might look forward to bigger paycheques and promotions. Speaking out against abuse, or refusing the sexual advances of superiors, can signify the end of the line at a company. The conversation about sexual harassment in Canada is starting. Our survey shows that many women lack confidence in their company’s current guidelines to deal with specific transgressions. They also need assurances that their careers will not be affected if they decide to come forward. Addressing both of these issues is fundamental to bringing an end to this practice.

So, no, it is not a tough time to be a politician, a film producer or a boss. It is a tough time to be someone who behaved, or behaves, in an unpalatable, abhorrent and abusive fashion. And, as the recent high-profile cases have indubitably proven, when it comes to sexual harassment, there is no statute of limitations.

Originally published in National Observer on February 16, 2018.

Four months before the not-guilty verdict in the killing of Colten Boushie ignited concern across Canada, a poll indicated that half of Canadians believe the justice system has not done enough to address bias against Aboriginal Canadians.

The poll also indicated that only half of Canadians who have been to court in a criminal case found the outcome fair. The poll suggests seven in ten Canadians regard the justice system as “too soft” on criminals. And a vast majority say justice takes too long.

The findings were in an online poll in October, 2017, released now to show that some of the controversy ignited by Gerald Stanley’s acquittal for second-degree murder was already smouldering.

The findings provide a glimpse into how Canadians regard the justice system on other issues made topical by the Boushie case: delays, leniency, and quality of counsel.

Controversy over the justice system, notably the treatment of Aboriginal people, burst out after Stanley, a 56-year-old Saskatchewan farmer, was recently acquitted of second-degree murder in the shooting death of Boushie, 22, a member of Red Pheasant First Nation.

The verdict was delivered by a jury and set off protests and solidarity gatherings in many communities across Canada, as well as federal government promises to address concerns about the justice system.

The poll indicated a huge 84 per cent of Canadians—and 87 per cent of those who have interacted with the justice system—think more resources are needed and that cases take too long.

Fifty-two per cent agreed with the statement: “The justice system has not done enough to address bias against Aboriginal Canadians.”

Seven in ten Canadians and 76 per cent of those who have been to court said that the justice system is “too soft” on offenders when it comes to criminal cases.

Finally, a view shared by 87 per cent of Canadians and 89 per cent of those who interacted with the justice system: “The outcome of cases depends heavily on how good your lawyer is.”

Half of those polled had never had direct interaction with the justice system. The dealings of the remaining Canadians can be summed up as “traffic and bylaw” (25 per cent), “family” (24 per cent), “criminal” (16 per cent) and “small claims” (15 per cent).

We asked those who actually went to court to say whether they found the outcome “fair” or “unfair.” Majorities of those who dealt with “traffic and bylaw” (such as disputing a driving ticket or parking violation) and “family” (such as divorce, custody or spousal support), said the outcome was fair (fifty-nine per cent and fifty- six per cent respectively).

Canadians who went to small claims court (which usually entails unpaid accounts for goods and services) were almost evenly split, with 50 per cent saying the resolution was “fair” and 48 per cent “unfair.”

“Half say the justice system is unfair.”

The perception of impartiality was lowest in criminal cases, with 47 per cent calling their day in court “fair” and 48 per cent calling it “unfair.”

On criminal cases, there were significant regional differences. Quebecers and Albertans were the least likely to call the resolution “unfair” (34 per cent and 40 per cent respectively), while Ontarians (53 per cent) and those in Saskatchewan and Manitoba (63 per cent) were the most likely to feel duped.

Some of the divisions outlined in the survey are expected. A parking violation may not have gone your way, and visits to family court and small claims court often lead to settlements that end up making everybody unhappy. But a near 50/50 split on the perception of fairness in criminal court cases is noteworthy.

The situation becomes direr when we ask Canadians why they feel dejected after a criminal case.

“The defendant received nothing but a slap on the wrist,” wrote a man from Atlantic Canada. “When all was said and done, he could pay his debt to society and get on with his life—I am still paying the price for what he did and will likely continue to do so.”

“The person I had seen stealing was let off because the lawyers said he mistakenly thought it was okay,” wrote a man from Ontario.

“As a witness, I was subjected to complete character assassination by the defence counsel,” wrote a woman from British Columbia. “Police investigated, recommended charges to Crown, Crown approved the charges, but the justice system failed.”

Overall, Canadians do not give stellar marks to the justice system. On a scale of 1-10, only 24 per cent rate it eight or higher and 17 per cent rate it three or less.

Delays, leniency, bias against Aboriginal Canadians and quality of counsel: these are not new issues that deserve a look only after a specific case captures our attention. Canadians who have dealt with the justice system know this all too well.

Image credit: By Saffron Blaze