38th PARLIAMENT, 1st SESSION
EDITED HANSARD • NUMBER 107
CONTENTS
Thursday, June 2, 2005

Mr. Ed Komarnicki (Souris—Moose Mountain, CPC): Madam Speaker, I also wish to address Bill C-360. There is no question that prevention of psychological harassment is the best way to combat psychological harassment at work, and employers need to take the leadership role in engaging conflict.

However, conflict is not always easy to manage as it can involve the work environment, the employer, employees between employees, the physical layout of the work environment, loyalties, emotions and the general subtleties of a workplace. This is compounded by the fact that unlike physical injury which can be easily identified and in some ways measured, psychological impact is not as easy to determine or to assess. That by itself is no reason not to deal with the issue of psychological harassment in the workplace.

The definition in the proposed bill is quite wide ranging. It talks about any vexatious behaviour, which essentially means anything causing annoyance or worry, or purely to cause annoyance without sufficient grounds, or inappropriate or unwanted conduct, verbal comments, actions or gestures that affect an employee's dignity or psychological or physical integrity that results in a harmful workplace.

The legislation is very similar or close to the legislation that has been in existence in Quebec for a short period of time, and there has not been an overwhelming response or report yet to gauge the effect of that. Some of the commentary on that legislation reads as follows:

The vexatious nature is generally gauged from the standpoint of the person experiencing the situation and who is reporting it...

The hostile gestures towards the employee are not necessarily flagrant. Indeed, it is not essential that such a gesture be aggressive in nature in order for it to be considered hostile. For example, an employee could be the victim of comments, actions or gestures which, when taken on their own, may seem harmless or insignificant, but the accumulation or combination of them may be considered a harassment situation....

The term “unwanted” refers to all of the objectionable conduct. Indeed, the victim does not have to give verbal expression to his refusal of such behaviour, but the essential element leading to the ascertainment of harassment is that the behaviour itself is unwanted. It must be possible for the facts in question to be objectively perceived as unwanted.

All I am trying to suggest is that it is a subjective-objective kind of a test which makes it awfully difficult when we have all these factors in play in a workplace setting. It involves a certain measure of value judgment and the people who should have the most to say about how this should work or what the legislation should be are employers, employees, union, management and those involved in various kinds of businesses.

Therefore, it is very important that the whole issue be settled in the widest possible range after the widest possible consultation. I do not believe that could happen in the context of a private member's bill.

In addition, psychological harassment relates to the abuse of authority and it defines a number of actions, including interfering in any other way with the career of the employee.

It is wide ranging. It does set a system in place that is very comprehensive. It talks about the reporting process, the complaint process, the review process and it establishes a commissioner who is responsible to oversee this act and the working of it. It talks about a psychological harassment complaints committee composed of up to five people. It encompasses a framework for another bureaucracy to deal with an issue in the workplace when perhaps we already have the mechanisms and the items in place to deal with harassment in the workplace at present.

A review is underway at present under part II of the Canada Labour Code, dealing with occupational health and safety. That review deals with this whole issue of psychological abuse.

This regulatory review committee has a working group to review all the concerns and positions of not only labour and management, but of various employee representatives, such as the Canadian Labour Congress, the Canadian Auto Workers, the Public Service Alliance of Canada, the Canadian Union of Public Employees, as well as a number of employer representatives.

It is not as though the issue of psychological harassment is unknown or foreign. It is something that has been dealt with through collective bargaining agreements. It has been dealt with through the grievance process and there have been certain rules that have been established. It is has been dealt with in the common law through the court system, through the means of constructive dismissal, et cetera. It is not something that is totally new. This group is already reviewing these very issues under the occupational health safety mechanism which has an organization and the people in place.

Part of their review of the draft regulations is to address workplace violence, which would include direct and indirect actions for employees, in the course of or as a result of employment, who are threatened or harmed or are subjected to any action that could reasonably be expected to cause them harm.

One of the other important issues that they are looking at is preventing violence in the workplace. They are coming up with a number of principles that are important, such as the provision of a safe, healthy and violence free workplace, a principle that provides attention, resources and time to control workplace violence, hazards, including but not limited to conduct such as bullying, teasing, abusive and other aggressive behaviour, and prevention and protection against violence in the workplace.

It is important that this type of abuse be prevented. It is important that we hear all the players. We have a review process in place now under part II, and we have all the stakeholders involved.

We have another review, which was mentioned a while ago, under part III of the Canada Labour Code by Professor Arthurs which is far-ranging. The bill intends to amend part III of the Canada Labour Code by adding psychological harassment to the same section that deals with sexual harassment.

That issue has already been raised before Professor Arthurs who intends to conduct a wide ranging review in various cities and communities throughout the country, in large centres and small centres. He intends to involve various stakeholders and large and small businesses. He allows for input through the Internet and through submissions. He has a panel with him designed to deal with all these kinds of issues.

For that reason it would seem to me that this bill is not timely.

One of the stakeholders said the following:

Violence in Workplace regulations, (developed by a government/employer/union committee), soon to be gazetted will deal [with] the kind of threats associated with bullying

Furthermore, he said:

But perhaps most of all, the issue has been seized by the Part III review being conducted by Harry Arthurs and clearly a private member's bill on this subject is not warranted. Arthurs will be addressing the issue in his report which has already come up in the consultations he has been conducting.

Furthermore, Bill C-360 would create a new bureaucracy that is not justified.

We do not need another bureaucracy. We already have the means and the mechanics in place to deal with this issue sufficiently. There is a balancing of interests. It is not just the employers that are affected, but it is employees between employees.

We want to be careful because the consequences are significant. The unintended consequences will be important. We must ensure that we approach this in a logical fashion, in a proper review and take sufficient time to ensure the end result is something that is acceptable both to unions and management, to employers, to employees and all affected.