Concern arises in 'strictly private context' of Quebec's sexual violence bill

FILE PHOTO. THE CANADIAN PRESS/Graeme Roy

The issue of work-related sexual harassment or violence that takes place in a "strictly private context" was the focus of attention of several stakeholders on Tuesday in Quebec City, when specific consultations began on the bill on the subject.

Bill 42 (An Act to prevent and fight psychological harassment and sexual violence in the workplace), tabled by Labour Minister Jean Boulet, aims to prevent and combat psychological harassment and sexual violence in the workplace.

Among other things, the bill adds legal presumptions to make it easier to prove an employment injury or illness resulting from sexual violence suffered by a co-worker or employer representative.

The three experts who wrote a report on the subject said they were "very pleased" that this presumption had been included in the bill, to make life easier for victims who had difficulty establishing the connection between the employment injury and the sexual violence suffered at work.

However, they did express one major reservation, as did other stakeholders.

"The problem is that an exception has been added: it is said that this presumption applies unless the violence occurs in a strictly private context," said Anne-Marie Laflamme, lawyer, dean and professor at Laval University.

"Often, work-related sexual violence does not occur on the production line, but during a social activity between work colleagues, during a car journey or by text message at the weekend," she said.

This report by The Canadian Press was first published in French on Jan. 30, 2024.