Latest news with #CanadianLabourCode
Yahoo
18-07-2025
- Politics
- Yahoo
Military asked to consider dismissing members after 1st offence of unwanted sexual touching
Defence Minister David McGuinty wants the military to review a trend in civilian court toward judges supporting workplaces firing Canadians for any unwanted sexual touching on the job — even if it happened once. The Canadian Armed Forces (CAF) is launching new advisory panels this fall to discipline military members for sexually inappropriate behaviour. The minister is supportive, his office said, of an external monitor's recent recommendation that if the military wants to modernize its conduct process, it could look at a clear pattern in civilian court over the past decade. "Now, more than ever, any type of non-consensual touching of a sexual nature within the context of one's employment is likely to lead to dismissal, even for a single event and even if there are mitigating factors," external monitor Jocelyne Therrien wrote in her June report. Victims and experts have long raised concerns that the military has moved members involved in cases like groping to other units, given them warnings or other remedial measures. Therrien wrote that gone are the days where that's a "viable solution" and it could expose the victim or other staff to risk. The government hired Therrien to track the military's progress implementing changes to try and reform its handling of sexual misconduct. Retired Supreme Court justice Louise Arbour's landmark 2022 report made sweeping recommendations after a series of senior military leaders were removed from prominent roles amid allegations, causing a damaging and high-profile crisis. Therrien estimates the military is on track to meet "the intent" of Arbour's recommendations by the end of the year. But she flags one of the biggest challenges for military is that files related to misconduct are scattered across different databases which makes it difficult to get a clearer picture of the current state of the issue. WATCH | Can the military change how it handles sexual misconduct?: Therrien's latest report said case law has "rapidly" and "significantly" evolved over the past 10 years. "In reviewing these judgments, I note a clear trend towards supporting dismissal for any sexual touching in the workplace," she wrote. More civilian judges are using the logic that sexual harassment involving unwanted touching is "unequivocally" considered sexual assault which is a criminal offence in Canada, she wrote. Changes to the Canadian Labour Code in 2021 also require federally regulated workplaces to ensure they are harassment-free. Not dismissing people in some cases can lead to liability claims, wrote Therrien. "The fact that similar cases in the past were dealt with through administrative measures other than dismissal no longer carries any weight," Therrien said. The minister's office says McGuinty supports Therrien's recommendation that "the significant evolution in workplace harassment case law should be considered as the CAF continues modernization." McGuinty's office told CBC News the minister will be looking for the upcoming panels "to yield real results." They will include law and sexual misconduct experts, the office said. Therrien's report also said the military is considering launching a "scale of severity" to help determine if members should be kicked out or otherwise reprimanded. People moved around Megan MacKenzie, a professor at Simon Fraser University who specializes in military culture, says the CAF should adopt a one-strike-you're-out policy for unwanted sexual touching. "This is a really significant recommendation," said MacKenzie. "There is just no ambiguity for anyone in any workplace at this point in time that inappropriate touching, touching of a sexual nature, is not OK." In the past, these kinds of cases were often called "low-level harassing behaviours" and the military dealt with it internally including by shuffling people around as a temporary solution, she said. "That doesn't solve the problem," she said. "It moves the problem to a different unit and the alleged victim and the accuser may still have interactions with each other." The CAF has been grappling with sexual misconduct for decades while saying it has a "zero-tolerance policy," she said. MacKenzie said kicking out people for unwanted touching would demonstrate that policy. Supporting victims Retired master corporal Sherry Bordage, who reported being groped by her superior, said it's time for the military to act. "Why allow predators to continue to hide within the ranks? What possible good could that serve?" she said. Bordage reported her platoon commander touched her breast and made inappropriate comments at a mess dinner in 2010 at CFB Borden. In military court, a Canadian Armed Forces judge stayed proceedings for the criminal sexual assault charge against Master Warrant Officer D.J. Prosser, according to the court martial documents. Prosser pleaded guilty to a lesser military service offence for ill treatment of a subordinate, the records show. Military judge Lt.-Col. Louis-Vincent d'Auteuil noted he took into consideration several mitigating factors, including that it was "an isolated incident" and "unusual" for Prosser who had spent 30 years serving in the military at that time, his reason for sentencing said. The military judge gave Prosser a reprimand and a $1,500 fine — and allowed him to continue serving. Bordage said she left the forces in 2014 because she didn't feel safe and faced reprisals from her chain of command for reporting the incident. She says the military should kick out members for unwanted sexual touching to keep others safe. "This decision, had it been implemented during my time, would have been night and day," said Bordage. The CAF has not yet responded to a CBC News request for comment. Therrien's report contained a long list of findings and notes a new probationary period for recruits could help weed out problematic members early on.
Hamilton Spectator
01-06-2025
- Business
- Hamilton Spectator
Canada Post asks government to force vote on their latest offer
Canada Post has asked the government to force the Canadian Union of Postal Workers (CUPW) to have its members vote on their latest offer, according to a release sent out on Friday. The Crown corporation says it has asked Patty Hajdu, federal minister of jobs and families, to use her authority under the Canadian Labour Code to call a vote, administered by the Canada Industrial Relations Board, on what management is calling their final offer, which was released two days ago. 'Canada Post and CUPW have been engaged in collective bargaining for the Urban and RSMC (Rural and Suburban Mail Carriers) bargaining units since November 2023. Despite months of conciliation and mediation, the parties remain unable to reach new agreements at the table … In these circumstances, employees in each bargaining unit would have the opportunity to voice their decision by voting on Canada Post's final offers.' The two sides have been negotiating for 18 months , and the 55,000 postal workers went on strike last year from Nov. 17 to Dec. 17 , before the federal government sought and got an order requiring them to return . CUPW members have been once again in a legal strike position since May 23, but have continued to deliver the mail, while refusing to work any overtime. Hajdu said she and Secretary of State (Labour) John Zerucelli had met with Canada Post management and CUPW leaders earlier on Friday. 'We urged both parties to work together to find an agreement that maintains a strong and lasting postal service. I have received a request from Canada Post for an ordered vote to be to put to CUPW members. My office is reviewing this order and will have more to say soon,' said Hajdu. A forced vote would be 'another unwarranted government intervention in the free collective bargaining process,' CUPW told the Star in a statement Saturday. The union added it may not necessarily end the labour dispute or create peace with the postal corporation. 'At this time and in these circumstances, only arbitration can end the ongoing labour dispute fairly and expeditiously,' CUPW said. CUPW also said at the meeting earlier on Friday, the union was 'assured' by Hajdu that she play an intermediary role but would not intervene. Canada Post's final offers include a $500 or $1,000 signing bonus, an improved cost of living allowance that is triggered at a lower inflation threshold, and the end of mandatory overtime. The Crown corporation's contract offers and request for federal intervention come after the completion of an Industrial Inquiry Commission that found that 'Canada Post is facing an existential crisis: It is effectively insolvent, or bankrupt. Without thoughtful, measured, staged, but immediate changes, its fiscal situation will continue to deteriorate.' CUPW said earlier in the week they are reviewing the management offers. 'However, it's clear, after a preliminary review, that Canada Post's response has fallen short,' the union told the Star. 'Our latest proposals were designed to lay the groundwork to resolve our dispute with Canada Post,' it said. 'The corporation's response fails to meet the urgency and seriousness of the moment.' Canada Post's wage increase pitched in its previous offer — a 13.59 per cent hike over four years — remains unchanged, despite being a sticking point in the negotiations. CUPW previously demanded a 19 per cent increase in its members' base wages. The corporation did not change its plans to hire more part-time workers to handle weekend deliveries, which the union also took issue with. CUPW is planning to hold rallies on Saturday, under the slogan ' Hands off my Post Office ,' across the country at several locations, including the Prime Minister's Office and the Alberta Jackson Plant in Scarborough. With files from Kevin Jiang and Elissa Mendes
Toronto Star
31-05-2025
- Business
- Toronto Star
Canada Post asks government to force vote on their latest offer
Canada Post has asked the government to force the Canadian Union of Postal Workers (CUPW) to have its members vote on their latest offer, according to a release sent out on Friday. The Crown corporation says it has asked Patty Hadju, federal minister of jobs and families, to use her authority under the Canadian Labour Code to call a vote, administered by the Canada Industrial Relations Board, on what management is calling their final offer, which was released two days ago.
