Evidence of meeting #92 for Human Resources, Skills and Social Development and the Status of Persons with Disabilities in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was definition.
A recording is available from Parliament.
Conservative
Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC
So that has to be changed in the act.
Chief Commissioner, Canadian Human Rights Commission
In my view, directing a person who is the victim of harassment to their supervisor is not the solution. The person needs assistance and support. They must feel they can rely on a trusted person. I completely agree with my colleague. It must definitely not be the supervisor. In most of the cases I have dealt with, the supervisor was either directly involved or failed to take action.
Conservative
Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC
So the person is victimized again.
If we do not say “employee's supervisor” in the bill, what would you suggest? Can you make a suggestion?
Chief Commissioner, Canadian Human Rights Commission
I think my colleague suggested “trusted person” or “designated person”, which could indeed be a solution.
Conservative
Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC
Thank you.
Ms. Thomlinson, I think you wanted to say something.
Co-Founder and Co-Managing Partner, Rubin Thomlinson LLP
If I can add, I would encourage you to have flexibility here, because there are many cases of people reporting effectively to their supervisor. I don't think they should be prevented from doing that, but I think you should recognize that there are limitations if that's their only avenue. I would also add that I think there should be an internal reporting mechanism for people. To require people to always go external, to some independent body, is not optimal in many circumstances.
Conservative
Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC
It could be the supervisor or a designated person.
Thank you.
Martha Jackman Co-Chair, National Steering Committee, National Association of Women and the Law
May I say something?
Conservative
Co-Chair, National Steering Committee, National Association of Women and the Law
I think there is one constant in all the presentations. The word “supervisor” must absolutely be removed and replaced with “designated person”. The regulations could then suggest possible definitions. We want a range of possibilities, not just one.
For the House of Commons, the “designated person” might be someone who is designated as they are by bar associations, that is, an eminent person who conducts confidential investigations. In a small company, it could be an outside party. In any case, we must provide for multiple potential procedures, and not just one. Directing the person to their supervisor is really not a good idea.
Conservative
Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC
Thank you very much.
If you have any practical suggestions, kindly forward them to us. We are working on amendments now and welcome your suggestions.
NDP
Karine Trudel NDP Jonquière, QC
My question is for Ms. Landry.
In your presentation, you said that too many aspects would be left up to the regulations. In your opinion, which aspects should be in the bill instead?
Chief Commissioner, Canadian Human Rights Commission
What I said in my presentation is that we will give you a list of recommendations for amendments of a more technical nature before the March 5 deadline.
Liberal
The Chair Liberal Bryan May
Thank you very much.
That's the end of our third round and the end of today's hearing. This is also the last panel we're meeting with. This has been a unique approach to reviewing legislation. All of us around this table have had to roll up our sleeves, work some extra hours, come in during a break week, and make sure that we got this done effectively but also quickly.
Many of you—not just this panel, but all the panels—have been truly amazing. Thank you from all of us for being here and for finishing this review on a high note.
Thank you to all my colleagues for the work you've done. As always, thank you to the people who make sure that these meetings get off without a hitch. The logistics around this particular review were quite extensive. Thank you very much to my clerk.
We have a lot of discussions still left to do and some very important decisions to make. We have, I believe, been given a lot of the tools necessary to make sure we make those right decisions.
Thank you very much, everybody.
This meeting is adjourned.