CANADA Law and Practice Contributed by: Sarah C Crossley, Laura J Freitag and Naomi Santesteban, Filion Wakely Thorup Angeletti LLP
8. Special Cases 8.1 Whistle-Blowing
comment, or action of a sexual nature that is known or ought reasonably be known to be unwelcome. Individuals who are subjected to sexual harassment are protected under human rights and occupation - al health and safety legislation. Protections include prohibitions on reprisals, confidentiality obligations, access to remedies such as compensation for breach - es of human rights legislation, rights of reinstatement (if applicable) and other civil remedies. 8.3 Other Forms of Discrimination and/ or Harassment Including Bullying and/or Mobbing In Canada, human rights legislation at both federal and provincial levels prohibits discrimination and har - assment based on protected grounds. Human rights legislation at both the provincial and federal levels states that individuals have a right to equal treatment with respect to goods, services and facilities without discrimination based on specific protected grounds outlined in that legislation. The protected grounds may vary depending on the specific jurisdiction, but pro - tected grounds that are recognised in every jurisdic - tion include: race, nationality or ethnic origin, colour, creed, religion, age, sex or gender, sexual orientation, marital status, family status, disability and gender identity. Some additional protected grounds that are not recognised in every jurisdiction include record of offences or conviction, genetic characteristics and political belief or activity. These laws apply to a variety of areas, including work - places, housing and services. Employers and service providers are legally obligated to ensure environments are free from discrimination and harassment and to accommodate individuals’ needs up to the point of undue hardship. Individuals can file complaints with employers and human rights commissions or tribu - nals, which may result in investigations (as required under the legislation). Protections include prohibitions on reprisals and access to remedies such as compen - sation for breaches of human rights legislation, rights of reinstatement (if applicable) and, if appropriate, civil remedies. In general, bullying and mobbing would be captured under existing definitions of workplace harassment
There are a number of federal and provincial whistle- blower protections available to individuals who report workplace misconduct. Some examples follow. • Federal and provincial public servants are covered by specific statutes that provide protections and mechanisms for public servants to disclose poten - tial wrongdoing by other current or former public servants. The legislation protects whistle-blowers from reprisals for sharing information on wrongdo - ing. • All of the securities commissions have whistle- blower programmes that protect employees who report securities violations including confidentiality protections, anonymous submissions, and anti- reprisal provisions. The commissions also offer financial awards to qualified whistle-blowers who report security violations. • The competition bureau and Competition Act also provide for specific whistle-blower protections. • A number of other industries are covered by leg - islation that provides for explicit whistle-blower protections (see for example, the banking sector). Additionally, many workplaces provide for their own internal whistle-blowing policies and will often outline specific protections for whistle-blowers. 8.2 Sexual Harassment and/or Violence Both human rights and occupational health and safety legislation contain specific protections against sexual harassment. Under human rights legislation, sexual harassment is prohibited on the basis that it amounts to discrimination based on sex and workplace harass - ment. Under occupational health and safety legisla - tion, the definition varies across provinces and feder - ally. Some provinces provide for specific definitions of “workplace sexual harassment” (see for example, Ontario, Nova Scotia) and some provinces define har - assment in a manner that includes “sexual harass - ment” or actions that are of a “sexual nature” (see for example, federally regulated employers, Alberta, Saskatchewan). In general, many of these definitions provide that “sexual harassment” is any conduct,
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