Status of Women Committee on March 5th, 2013

[Monique Marcotte]

The sensitivity training was very targeted training. In the case that I'm familiar with the individual in question was suspended for two days, and given the events that brought the complaint, we were very targeted in the type of training that we provided the respondent in that case. So we try to make sure that whatever training that we provide, it's very specific to the events of the file.

[Tilly O'Neill-Gordon, Conservative, Miramichi, NB]

What is your policy's definition of sexual harassment? Do you have a definition of that?

[Monique Marcotte]

I'll refer to the policy if you....

[Hubert T. Lacroix]

Of which I think you also have a copy.

[Monique Marcotte]

Here's a copy. It's very specific.

Sexual harassment on page 4 of the policy, at least on my copy, on the bilingual copy, is defined as:

As defined in the Canada Labour Code: "any conduct, comment, gesture or contact of a sexual nature that is likely to cause offence or humiliation to any employee; or that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion."

Then there are more specific examples and we provide examples within the policy that it can include, “unwelcome advances, flirtations, jokes or propositions of a sexual nature; unwanted requests for sexual favours by a person in a position to confer, grant or deny a benefit or advancement; sexually degrading words, images or other material”.

[Tilly O'Neill-Gordon, Conservative, Miramichi, NB]

I know you've created this policy. How often do you review the policy on sexual harassment?

[Monique Marcotte]

We've had a policy that I can track at least back to 1990. We regularly review our policies, generally on a five-year cycle. This policy was just revised in February 2010 mostly to reflect the changes to the Canadian Human Rights Act. There were a couple of discriminatory areas that were added such as family status as an example. So we made sure that our policy reflects the current legislation.

[Tilly O'Neill-Gordon, Conservative, Miramichi, NB]

How do your employees in your workplace report the harassment? Is there a certain process that they go through?

[Monique Marcotte]

Our focus is always on making sure that the employee is aware that there are a number of venues that they can access in terms of bringing a complaint forward. They can come directly to human resources. They can speak to their manager. They can speak to their union representative. They can speak to another employee.

As soon as we become aware in human resources that there is a possibility or a potential complaint of this nature, we deal with it immediately. We bring in the employee. We have a confidential conversation. We discuss the nature of the events and we discuss with them what their options are and what the steps are for an informal process versus a formal process.

[Tilly O'Neill-Gordon, Conservative, Miramichi, NB]

Do you have something to add?

[Hubert T. Lacroix]

No.

[Tilly O'Neill-Gordon, Conservative, Miramichi, NB]

What's the average time that it takes for resolution of an alleged incident of sexual harassment?

[Monique Marcotte]

In the cases where we did have the three complaints that Hubert mentioned earlier, in two cases the files were treated within two months and in the third case, five months. The reason that case was a bit longer was that there were a lot of witnesses who were interviewed.

[The Chair, NDP, Marie-Claude Morin]

You have one minute.

[Tilly O'Neill-Gordon, Conservative, Miramichi, NB]

As we know, as you said earlier, even one case of harassment, sexual or just general harassment, is too many. But we know that being proactive is an important factor in preventing harassment. What are some of the important proactive measures that are being provided to make it happen that you're proactive and prevent them from taking place?

[Hubert T. Lacroix]

I'm just going to summarize quickly because I heard the one-minute bell.

There are online training, surveys, making sure that we have a conversation going about these issues on a constant basis and being aware, and making sure that everybody else in the corporation is aware, that this is something that we are interested in and want to focus on. You can't do anything but do this in an environment where.... Fifty per cent of our workforce are women and in my little team at the most senior executive team level at CBC/Radio-Canada, there are eight people: five are women, three are men. This is a constant conversation.

[The Chair, NDP, Marie-Claude Morin]

I am going to have to stop you there, Mr. Lacroix. Thank you.

Now we move to Mr. Regan.

You have seven minutes.

[Geoff Regan, Liberal, Halifax West, NS]

Thank you very much, Madam Chair.

Welcome to the witnesses.

As you know, I am not a regular member of the committee. I am replacing the Hon. Judy Sgro today. So I am not completely up to speed on decisions that have been made in the past.

Can you tell me if this committee has decided to invite a Québecor representative to testify so that they can respond to the charges that we have heard today? They are very serious, as are the actions described.

[The Chair, NDP, Marie-Claude Morin]

I understand your question, Mr. Regan. By the way, it is very nice of you to speak to me in French.

Québecor was not invited, but we are probably going to discuss the possibility when we consider committee business later in the meeting. Thank you for bringing it up. You comment is welcome.

[Geoff Regan, Liberal, Halifax West, NS]

Sexual harassment is a very serious matter and the way in which Québecor has apparently dealt with it is really troubling and unacceptable in my opinion. I hope that you will follow up on it.

Mr. Lacroix, have you filed a complaint with the Canadian Broadcast Standards Council?

[Hubert T. Lacroix]

It wouldn't be very helpful because they are not a member of that.

[Geoff Regan, Liberal, Halifax West, NS]

Thank you. That was an obvious question, I thought, but I wasn't aware of that.

It seems to me that this really does diminish the issue when they treat it this way. I mean, obviously, the fact that you've had—you talked about it—one sexual harassment case, obviously that's serious. From what you've indicated, you've treated it very seriously, and you have policies in place. I'm obviously pleased to hear that. Like anyone else would be, I'm concerned to hear there was one case. Whatever number, as you've indicated, is a serious matter.

You have obviously a variety of collective agreements within the CBC, many different employee groups. What can you tell me about what proportion of the collective agreements have any specific reference to sexual harassment?

[Monique Marcotte]

We have six collective agreements that deal with our employee group. We have other agreements that deal with artists and talent, and so on, but we have six that deal with our employees. Of those, the Canadian Media Guild is the collective agreement—our collective agreements are distinguished by geography—that includes the production, journalistic, and editorial union that governs the working conditions for employees outside of the province of Quebec and the city of Moncton.

They have two very interesting articles. One deals specifically with harassment. They're focused on preventing harassment in the workplace. They, however, refer back to the CBC's HR policy on anti-harassment. They also have an article regarding respect in the workplace and that was the genesis for the training that Hubert spoke of earlier, in 2007. That very much speaks about the climate of work and how the CBC's focus is on ensuring that we have a respectful workplace. That article is the genesis of that.

APS is our Association of Professionals and Supervisors. They also have an article that refers back to our management policies. The SCFP, or the CUPE agreement, also has an anti-harassment, anti-discrimination, article that again....They always refer back to our policy.

We have three that refer specifically to our policy and then the other three are silent on the question of harassment per se, but have anti-discrimination articles.

[Geoff Regan, Liberal, Halifax West, NS]

I want to go back to the actions by Québecor and to the report.

You indicated that, in response to their access to information request for documents, emails and other material dealing with harassment, you provided them with 1,454 pages. But in the article by Brian Lilley from QMI, he says 1,454 cases. It is hard to believe that that is because of a mistake or because of some confusion.

Do you think that is possible?

[Hubert T. Lacroix]

I do not want to impute any motives to Québecor. I do not wish to go off on a campaign against Québecor. But I want to submit as evidence the importance that CBC/Radio-Canada attributes to matters of harassment. That is why we are reacting so clearly and so fiercely. We felt that this important matter was being diminished by comments like that. I want to insist that the work environment at CBC/Radio-Canada does not correspond to the statements made on the front page of Le Journal de Montréal, statements that mention many cases of harassment. They are not correct.