Sexual Assault

• Inappropriate bodily contact like fondling or touch
• Sexual jokes, jokes, innuendos, or gestures
• Sexual favor for job consideration
• Sexual favor for job consideration
• Gender-, sexual orientation-, or identity-related derogatory remarks
• Repeated unwanted attention or proposition

Most importantly, harassment can be verbal, physical, or visual. Physical contact is not required in order for an action to qualify as harassment—only that the behavior is unwelcome and sexual or gender-based.

Legal Protection in Canada

Federal Law

Sexual harassment is legally defined, under the Canada Labour Code, as:

“Any remark, gesture, or physical contact of a sexual nature likely to humiliate or offend or likely to be understood as imposing a condition of a sexual nature upon employment or training or promotion possibilities.”

This applies to federally regulated workplaces, e.g., banks, airlines, telecom, federal government.

Provincial and Territorial Legislation

Provinces and territories have legislation as well. For instance:

• Ontario: Employers are required by the Occupational Health and Safety Act (OHSA) to have workplace harassment policies and proper investigation of complaints.
• British Columbia: Employers must implement prevention and resolution procedures for harassment and bullying, according to WorkSafeBC.
• Quebec: The Act Respecting Labour Standards includes protections and enables direct complaint filing with the CNESST.

How to Report Workplace Sexual Harassment

Workplace sexual harassment victims who are employed may employ the following general steps:

1. Document the Incident

• Maintain a detailed account of what occurred, dates, times, places, and witnesses.
• Preserve emails, messages, or photos as evidence to corroborate the claim.

2. Report Internally

• Companies have policies in most instances. Report the occurrence to a supervisor, HR, or utilize the internal reporting avenue.
• The company is liable for investigating and fixing where harassment takes place.

3. Lodge a Human Rights Complaint (if not settled)

If the issue is not resolved appropriately or the harassment persists, you may report to your provincial or territorial human rights commission, or the Canadian Human Rights Commission (if your company is federally regulated).

Obtaining a Legal Claim: Sexual Harassment or Assault Lawsuit

You can sue for damages in court. This legal process would be appropriate when:

• The harassment led to emotional distress or economic loss
• The employer did not protect the employee or handled the complaint in a way it shouldn’t have
• The conduct escalated into sexual assault or misbehavior

What Can You Claim?

A civil case may include:

• Pain, suffering, and loss of enjoyment of life general damages
• Lost income, the expense of therapy, or medical expenses for special damages
• Punitive damages when the behavior of the harasser was flagrant
• Aggravated damages for invasion of dignity and emotional distress

Time Limits to File an Action

A 2-year time limit under which civil suits must be filed, commencing from the date of the event, is found in most of the provinces. There is no limitation period in most of the provinces for civil proceedings against sexual assault or sexual misconduct, e.g., in Ontario and British Columbia.

This is to facilitate the bringing of an action many years following the occurrence of the event, particularly if they were psychologically unable to do so before.

Financial Aid & Victim Compensational Programs

Aside from filing suit for damages, victims of workplace sexual assault or harassment could also be qualified for government-funded victim compensation and aid programs:

Ontario – Victim Quick Response Program + Provides monetary aid for:

• Immediate needs for safety
• Counselling and therapy
• Funeral costs (in extreme situations)
• Loss of income

British Columbia – Crime Victim Assistance Program Pays for:

• Medical and dental costs
• Mental health counseling
• Protective measures
• Income assistance

Manitoba – Compensation for Victims of Crime Provides:

• Personal injury compensation
• Counseling and rehabilitation
• Wage replacement

Can I Lay Criminal Charges?

Yes. If the harassment was accompanied by sexual assault, you can also make a criminal complaint. There is no time limit for criminal charges of sexual assault in Canada. You can report to police anytime.

The criminal process is separate from human rights complaints or civil action. You can pursue them concurrently or one after the other.

Why Legal Support is Necessary

Reporting harassment, complaining, or seeking the law may be emotionally and legally taxing. Engaging a lawyer’s services assists with:

• Determining the worth of your claim
• Preliminary investigation and creation of claims
• Compliance with processes and deadlines
• Representing you in court or settling out of court

We are specialized in employment law, human rights, or sexual assault cases and provide you free consultations or charge on a contingency fee basis (pay only if you win).

Sexual harassment in the workplace is not only unacceptable—it’s against the law. Victims can report, obtain justice, and be compensated for the damage that’s been done to them. Through human rights complaints, civil suits, or victim compensation schemes, you are not alone and there are available legal remedies.

If you have been harassed or attacked, then it’s vital that you take action immediately or talk to an expert—your complaint could be the difference your healing and the change of others.