One in three Canadian women will experience some form of sexual assault during her lifetime. Twenty-eight per cent of all Canadians say they have been the victim of unwanted sexual advances, requests for sexual favours, or sexually charged talk in the workplace. Sexual harassment is an ongoing, endemic issue in Canada, even if most public discussion on the issue focuses on high-profile allegations against stars like Bill Cosby and Jian Ghomeshi.
Credit: Uiaeli/Wikimedia Commons.
Fortunately, Ontario has introduced legislation that it hopes will improve access to justice for victims of sexual assault in the province. Bill 132 – the “Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment” – was introduced in legislature this October 27th. If passed, the bill will amend two statutes relating to sexual and domestic violence and harassment: the Limitations Act, which imposes a limitation period for civil proceedings around sexual assault; and the Compensation for Victims of Crime Act, which imposes a limitation period for applications around violence occurring in a dependent or intimate relationship.
The Bill, which has passed its first reading, is part of Premier Kathleen Wynne’s “It’s Never Okay” action plan, which aims to combat sexual assault and harassment in Ontario.
“Many women in Ontario do not feel safe, and that is unacceptable,” said Wynne, in a provincial news release. “These legislative proposals would put the strength of the law behind our commitment to make communities, schools, and workplaces safer, and that is an important part of our roadmap to end sexual violence and harassment in this province.”
Under the current Limitations Act, sexual assaults which occur outside a power-dependency relationships must be brought forward within a limitation period, which can be between two and 15 years. Bill 132 would lift that limitation period, making it easier for victims to seek compensation and justice.
“There are so many reason why people don’t come forward with these claims right away,” said Elizabeth Grace, a lawyer Lerners LLP, in an interview with AdvocateDaily.com. “For lawyers like me who have long worked in this area, limitation periods have meant a lot of effort, energy, time and money invested in developing the arguments and evidence to overcome limitations defences.”
Other actions to be taken under Wynne’s It’s Never Okay plan include:
Requiring publicly assisted colleges and universities and private career colleges to have a stand-alone sexual violence policy, and to review it with student involvement at least once every three years.
Enhancing requirements around sexual harassment prevention programs in the workplace, including a duty to ensure the investigation of complaints
Shortening the time it takes to end tenancy agreements for people experiencing sexual or domestic violence.
“We are committed to creating a province where all Ontarians feel secure from the threat of sexual violence and harassment,” said Ontario Minister Responsible for Women’s Issues Tracy MacCharles. “This legislation, if passed, would give survivors the supports they need while keeping our campuses, workplaces and communities safe.”
