Status of Women Committee on Nov. 29th, 2012

[Linda Savoie]

It's a physical document. When the “Values and Ethics Code for the Public Sector”, which applies to all public servants, was launched, we accompanied it with our own code of conduct. It examined issues that our employees had told us were more relevant to them. It complements the “Values and Ethics Code“. These are physical documents that were brought to the attention of all our employees in the spring, when we did performance assessments for employees. Everyone was directed to look at them, and to acknowledge that they were familiar with them.

[Roxanne James, Conservative, Scarborough Centre, ON]

Thank you.

Going back to the Treasury Board, I believe in the opening remarks you talked about encouraging an informal process for resolution. We've heard from countless witnesses about alternative methods or dispute resolution and how effective they are. Now we're seeing a low percentage of sexual harassment, or even harassment. Do you attribute that to some of these informal resolution or alternative dispute resolution processes that are in place?

There may be problems in certain areas, but we've heard from witnesses that there are very few incidents reported. I'm trying to figure out what the best practices are.

[Serge Jetté]

Yes, I've seen people come forward in the informal conflict resolution program with concerns of being harassed or feeling harassed. Through the support we provide and the intervention we do with them, we often resolve the situation or allow them to start exploring what exactly is going on, what they can do about it, what conversation they could have, what—

[The Chair, NDP, Marie-Claude Morin]

Once again, I have to interrupt you, Mr. Jetté.

That concludes our discussion with the first panel of witnesses.

Thank you very much, Mr. Jetté, Ms. Savoie and Ms. Bradley. It was very interesting. Enjoy the rest of your day.

I am going to suspend the proceedings for a few minutes so that the witnesses from the second panel can get organized. If you want a coffee, this is the time to get one.

[The Chair, NDP, Marie-Claude Morin]

If I may, we are going to resume the proceedings. We do not want to keep our witnesses waiting.

Let me remind you that this is the 52^nd meeting of the Standing Committee on the Status of Women. Today, in our second panel, we have Marielle Doyon, Caroline Weber and Charles Vézina from the Department of Public Works and Government Services. Also joining us are Yves Vaillancourt and Pat Langan-Torell from the Department of Foreign Affairs and International Trade.

Let me first explain the procedure. Each organization will have 10 minutes to make its presentation. I am going to let you know when you have one minute left. Then, we will proceed to the question period, during which I am also going to give you a one-minute warning; it will be easier that way.

We are going to start with the officials from the Department of Public Works and Government Services.

You can start, Ms. Doyon.

[Marielle Doyon, Acting Assistant Deputy Minister , Human Resources Branch, Department of Public Works and Government Services]

Thank you.

Good morning, Madam Chair, ladies and gentleman.

My name is Marielle Doyon and I am the Acting Assistant Deputy Minister of the Human Resources Branch at Public Works and Government Services Canada. With me today is Caroline Weber, Assistant Deputy Minister of the Corporate Services and Strategic Policy Branch, and the departmental champion for gender-based analysis. Also joining me is Charles Vézina, Director of Labour Relations and Ethics.

We appreciate your invitation to address the committee concerning PWGSC's directives and experience in respecting various legislative and policy instruments related to sexual harassment.

As indicated to this committee by the Treasury Board Secretariat, federal government departments, including PWGSC, adhere to a number of laws, policies and directives which address harassment, including sexual harassment. We are also subject to the Canadian Human Rights Act.

I would like to assure this committee that PWGSC is committed to providing to its more than 12,000 employees a workplace that is harassment free. We believe that prevention is the cornerstone of our strategy.

At the outset, for the period from 2009 to 2012, 34 harassment complaints were filed, 17 of which met the requirements to be receivable. After investigation, 14 were determined to be unfounded and three to be founded. Of the three, two sexual harassment complaints were founded and disciplinary action was taken.

I will first address PWGSC's compliance with the legislative and policy focus aspect of harassment, given the nature of the committee's invitation.

We apply Treasury Board Secretariat's policy on harassment and the directive on the harassment complaint process and follow the guides on the application of harassment complaints. In addition, we have also developed a departmental guideline on dispute resolution of harassment in the workplace and a prevention of harassment in the workplace fact sheet for managers.

In early October of this year we took advantage of Treasury Board's renewed policy on harassment prevention and resolution and the new directive on the harassment complaint process as an opportunity to reiterate the department's commitment to a harassment-free workplace. We did so by disseminating these documents and reminding all PWGSC employees of everyone's responsibilities for preventing harassment and fostering a respectful workplace.

Our department is also conducting a gap analysis to ensure that the department's instruments on harassment align with Treasury Board's new policy instruments. This is expected to be ready and completed by January 2013.

Moreover, PWGSC has six designated officials responsible for the application of the policy on harassment prevention and resolution and the directive on the harassment complaint process. Within our regional offices, the regional directors general are responsible for managing the harassment complaint process; in the National Capital Region, that responsibility lies with the Assistant Deputy Minister, Human Resources Branch.

These designated officials, have access to our internal national harassment prevention coordinator should they require advice in the application of the policy or the process. The national coordinator is also an expert resource for labour relations advisors involved in harassment files, as well as to the parties to harassment situations, and reviews all allegations before an investigation is launched, suggesting informal resolution options when appropriate.

PWGSC follows a rigorous process when dealing with harassment complaints, including those of sexual harassment. This process is comprised of six steps. The first is early problem resolution where the objective is to resolve any situation or conflict as soon as possible, in a fair and respectful manner without having to resort to the complaint process.

If this avenue is unsuccessful, the second step concerns filing the complaint where a written complaint is submitted by the complainant, which includes the facts required for assessment.

Then, at step 3, we proceed with the screening and acknowledgment of the complaint.

At step 4, we review the complaint to determine the best avenue of resolution.

In all complaints, at step 5, we offer mediation to the parties as a voluntarily means to resolve the matter.

Finally, when required, at step 6, a harassment investigation is launched using an independent firm.

As you may have guessed, these cases can be very complex and difficult for all parties involved. We strive to complete the process as expeditiously as possible—in accordance with the six-month time frame mandated by TB policy. Unfortunately, some cases take longer.

I want to reiterate that our emphasis is on prevention. PWGSC includes sexual harassment within the general definition of harassment, and the preventive activities I am about to describe reflect that.

We believe that communication is key, and we regularly emphasize the deputy minister's and senior management's commitment to fostering a respectful workplace. We also make information available about the harassment complaint process, harassment prevention strategies, and the resources and tools available to assist managers and employees via our departmental website, during our various training sessions, and through communications to all employees.

PWGSC's core values include leadership, and we encourage managers to engage in discussions about ethics. We also encourage managers to remain vigilant and to identify risks in their work units that may give rise to harassment. To do so, we provide managers with tools designed to help with diagnostics and dialogue.

To support both managers and employees, we offer scheduled and ad hoc training sessions on harassment awareness and prevention. We have included harassment awareness in the department's mandatory values and ethics course, called “A Step in the Right Direction”, as well as in code of conduct training sessions. We also offer coaching and advisory services to address conflict incidents to prevent them from escalating to possible harassment cases.

We acknowledge, however, that prevention measures are not always sufficient, and we take ongoing measures to minimize workplace issues and conflict through the use of mediation, facilitation, group intervention, and coaching. This ranges from offering effective workplace relationships workshops targeted to employees and managers across the department to offering workplace assessments to scan the health and state of the workplace.

Following founded cases of harassment—and regardless of whether the harassment allegation was addressed through formal or informal means—the department will apply corrective and/or disciplinary measures. The department will also engage in restoration of the workplace to minimize the negative impacts on employees and to ensure their well-being and productivity through information and awareness sessions or content-specific training at the group and individual levels. These sessions deal with subject matters such as harassment, discrimination or organizational wellness and are delivered by our internal specialists.

I would like to conclude by describing recent initiatives.

In the spring of 2012, to guide employees on their workplace behaviour, PWGSC released a departmental code of conduct, in which our standards of conduct were embedded. One standard specifically prohibits engaging in discriminatory practices and supports a workplace free from harassment and violence. Beginning next fiscal year, we will be measuring the effectiveness of the harassment complaint process within the department. Collaboration with key stakeholders, including bargaining agents, will be undertaken during these exercises.

The department has a well-established disciplinary council comprising senior departmental representatives which is chaired by the associate deputy minister. The PWGSC disciplinary council provides high-level guidance and recommendations to the deputy minister on matters of discipline for which he or she is generally accountable as a deputy head. It provides an opportunity for the senior management cadre to review the more serious discipline files within PWGSC.

The council specifically meets for all cases where a disciplinary termination of employment or demotion of an indeterminate employee is contemplated by the delegated manager.

As well, any founded cases emanating from an internal disclosure under the Public Servants Disclosure Protection Act will be brought to the disciplinary council before the required posting on the website.

In addition, by exception, if a manager would like to discuss any other particular sensitive file at the council, even if a disciplinary termination or demotion is not contemplated—

[The Chair, NDP, Marie-Claude Morin]

Ms. Doyon, I am going to have to stop you there. You have run out of time, unfortunately. I apologize for not giving you a warning, but I was following your brief and I saw that you were almost at the end.

[Marielle Doyon]

Okay, I guess I was not able to make my whole presentation within the allotted time.

[The Chair, NDP, Marie-Claude Morin]

You were not able to go over the conclusion, is that it?

[Marielle Doyon]

Yes, but that's fine.

[The Chair, NDP, Marie-Claude Morin]

However, I am sure that you will have an opportunity to do so during question period.

I am sorry. Thank you.

[Marielle Doyon]

That's fine.

[The Chair, NDP, Marie-Claude Morin]

We will now hear from the officials from the Department of Foreign Affairs and International Trade.

Ms. Langan-Torell, you may start. You have 10 minutes.

[Pat Langan-Torell, Director, Values and Ethics, Department of Foreign Affairs and International Trade]

Thank you, Madam Chair.

Thank you very much for the opportunity to be here today to speak to you on this critical issue on behalf of our department and our values and ethics program.

I am the director of values and ethics, and in that capacity I hold the delegated authority from the deputy minister of Foreign Affairs to administer the departmental harassment prevention and resolution policy. I am joined by Yves Vaillancourt, DFAIT’s inspector general, to whom my division reports.

As an employer of the public service, DFAIT is committed to providing a work environment free of harassment, where all persons in the workplace are treated with respect and dignity. We believe the message is clear, that harassment in any form is unacceptable and will not be tolerated.

Our work environment is enormously diverse by virtue of our network of missions abroad, and our employee complement is correspondingly diverse, as it is made up made up of 2,133 rotational staff serving in Canada and abroad, 3,000 non-rotational staff serving in Canada and 5,157 locally-engaged staff abroad.

Harassment is a difficult and complex issue and our challenge is to address it effectively in our demanding and culturally-diverse international environment.

In one respect, our global operational reality with its associated need to capture respect for cultural diversity in our training, has also provided an advantage of sorts. In the context of building a harassment-free environment, the same values and behaviours that promote cultural sensitivity are applicable to the promotion of a respectful workplace. Further, the Code of Conduct for Canadian Representatives Abroad, which has been in place since January 2006, clearly delineates the behaviours that respect cultural diversity, promote operational cohesion and reward excellence. We believe that together, these are important contributing factors in explaining our relatively low incidence of sexual harassment complaints.

Underpinning culture is leadership and the influence it exerts on affecting positive change. In the context of values and ethics, this means leading by example and actively fostering a respectful, harassment-free workplace. The deputy minister of Foreign Affairs is the departmental champion for values and ethics, and from the outset his leadership on this file has been active and visible. Also, our former inspector general, a senior female manager, is the departmental champion for women.

We believe this sends a clear signal of DFAIT's commitment to harassment prevention, including sexual harassment, and on resolution across the organization. A central achievement in tackling harassment has been the recent launch of the DFAIT values and ethics code. The development of our code involved extensive soundings from across the department, including a series of video conference consultations with missions and regional offices. More than 800 employees provided input into this consultation phase. The code is tailored for DFAIT and is an important addition to our existing values and ethics resources. It contains five core values, one of which, respect for people, is clearly tied to harassment prevention and its effective resolution. It provides the blueprint for developing excellence in our organization and is the compass that guides managers to promote and maintain a healthy and respectful workplace. It also empowers employees to expect the best of their organization.

There are two internal mechanisms for making a formal harassment, including sexual harassment, complaint or grievance: a complaint to the values and ethics division or a grievance to the labour relations division. DFAIT has nine collective agreements, seven of which cover sexual harassment specifically. Related statistics for the last five years as expressed as a total are as follows. We received 47 complaints of harassment. We received four complaints of sexual harassment. There were 12 grievances of harassment, and zero grievances for sexual harassment.

Going forward, and in support of the implementation of the code, we are developing a comprehensive online training course on values and ethics. It is currently in the pilot phase and once completed and based on the feedback received, we expect to make a recommendation that the course be mandatory for all DFAIT employees.

In addition, a training deck on harassment prevention, including sexual harassment, has been developed for delivery by directors general at headquarters, by senior trade commissioners in our regional offices across Canada and by heads of mission or their delegates across our network of missions abroad.

Further, the values and ethics intranet page is easily accessible from the departmental home page. It contains specific information on harassment, including definitions, prevention and resolution instruments, mechanisms available for lodging complaints, as well as information on the classroom training available. It also includes hyperlinks to relevant Treasury Board sites.

It's generally recognized that the impact and costs resulting from any form of harassment is significant. Productivity is affected not only for the parties involved but also for the colleagues within the work group. Further, absenteeism rates increase and outputs often decrease. These can have an adverse effect on the morale of the unit.

In conclusion, we'd like to thank you again for inviting us to appear before you today to reiterate DFAIT's ongoing commitment to a respectful, harassment-free workplace to the best extent possible.

We are pleased to take any questions you might have.

Thank you.

[The Chair, NDP, Marie-Claude Morin]

Thank you very much.

Ms. Doyon, since Ms. Langan-Torell took a bit less time, I am going to give you one minute to present your conclusion. It was partly my fault that you did not have time to wrap up.

[Marielle Doyon]

Actually, I had almost finished.

I've described the disciplinary council. I just wanted to conclude....

In addition, to strengthen our strategy, which really focuses on prevention and dialogue, two co-champions of values and ethics—the Assistant Deputy Minister of Human Resources, and the Assistant Deputy Minister of the Departmental Oversight Branch—have been designated to promote the principles contained in the Values and Ethics Code for the public sector, including respect for people. As well, senior PWGSC executives from the National Capital Region and the regions form part of our Ethics Advisory Board, which handles ethical issues and breaches of the code.

I will conclude by thanking committee members for their time and attention. I will be pleased to respond to your questions.

Thank you very much for the additional minute.

[The Chair, NDP, Marie-Claude Morin]

Thank you, that is my pleasure.

We will now proceed to our first question period and we will begin with Ms. Bateman. No, I am sorry, I made a mistake once again. It's a sign that Christmas is almost here.

Mr. Aspin, the floor is yours. You have seven minutes.

Ms. Bateman, you will have the floor in the next round of questions.

[Jay Aspin, Conservative, Nipissing—Timiskaming, ON]

Thank you, Chair.

Welcome, guests. Thank you for appearing on this important subject.

My questions are directed to Ms. Langan-Torell.

In your opening remarks, you discussed the training courses and products available to DFAIT employees. You are hoping to make the online training course on values and ethics mandatory for all DFAIT employees.

Could you please name and describe the types of training that DFAIT provides to address the issue of sexual harassment in the workplace?

[Pat Langan-Torell]

At the moment, there are three courses that are given in the classroom, and there's been on ongoing engagement, both from our labour relations division and our division abroad, on sensitization.

Since 2005, upwards of 2,000 people per year have received some form of values and ethics training. The new one, our online training, is very comprehensive, and includes definitions of what harassment is, what it looks like, and a lot of scenarios and resolutions. It's in the pilot phase; actually, the pilot will finish this week. Some of the feedback we've received so far has been very positive, and we're going to adjust it accordingly.

We're going to continue, almost one-on-one or informal visits across our network abroad. That's when people come out and can really ask questions. Our LES, locally engaged staff, population, the people who are hired abroad, have to be taken care of in the same way as the people at headquarters. It's a particular challenge. We're going to continue to do those modules and sensitization training. We have found in the past that as those are rolled out, we get a lot more consultation on what constitutes harassment, which benefits early resolution.

[Jay Aspin, Conservative, Nipissing—Timiskaming, ON]

With respect to leadership, we've heard a lot from witnesses that the prevention of sexual harassment in the workplace begins with strong leadership. You mentioned that the deputy minister of Foreign Affairs and your former inspector general provided clear examples of leadership on this file.

I am hoping you will describe in further detail the specific ways in which your leadership reaches out to your employees.

[Yves Vaillancourt, Inspector General and Chief Audit Executive, Department of Foreign Affairs and International Trade]

If I may, I'll take the question.

The department has structured an office of inspector general and chief audit executive. There are five business lines, one of which is values and ethics. The deputy has also directly delegated the responsibility of harassment to the director of values and ethics. The deputy minister has designated himself as the champion for values and ethics for the department. I think those are clear leadership signals. I would say that grouping together the oversight functions under my responsibility, including values and ethics, also promotes employees not hesitating to inform us when they see instances of potential harassment.

[Jay Aspin, Conservative, Nipissing—Timiskaming, ON]

Thank you, Mr. Vaillancourt.

Could you possibly describe what actions are being taken to ensure that they're reaching everyone in the workplace?

[Yves Vaillancourt]

That's a very good question, and it's a particular challenge for our department.

We have three categories of employees at Foreign Affairs and International Trade. We have the regular public servants. We have public servants who are also foreign service officers and are therefore deployed overseas. Then we have the employees we recruit in the countries where we have embassies and consular offices. They are what's referred to as locally engaged staff.

It's always a challenge to reach out to all of our employees. That's why Pat's team developed this online training program which was referred to. It's the most effective way to reach out to everyone. It's training we've now piloted that will become mandatory for all employees. All employees will have access to the necessary technology to take the training. I think that's a major improvement for us.

[Jay Aspin, Conservative, Nipissing—Timiskaming, ON]

Do you have any way of assessing how effective it is?

[Yves Vaillancourt]

Yes, we do. I'm also responsible for a function called mission inspections. I have a group of inspectors who go out to our embassies overseas to inspect the functioning of each of those offices as part of their program of inspections. We verify their awareness of values and ethics and the policy on harassment.