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w w w . C A N A D I A N L a w y e r m a g . c o m J U N E / J U L Y 2 0 1 8 45 appropriate in the circumstances, as well as what legal decision-makers do when they are reviewing workplace investigation processes." The case law, however, surrounding workplace investigations is emerging and barely existed some 15 years ago. Phillips says it will likely be a burgeoning area, particularly in Ontario, with the passage of Bill 132, which imposes a positive duty on employers to investigate allega- tions of workplace harassment. Under Bill 132, employers are required to take an investigation that is "appropriate in the circumstances." "It's not entirely clear what appropri- ate and circumstances mean," says Phil- lips. "It's not defined. That legislation is very new, so we don't really know how it's going to be interpreted." Though it's early days, Phillips says she is also explor- ing with labour organizations whether it is possible to negotiate a protocol with employers for some sort of minimum procedural fairness framework within workplace investigations. Case law surrounding sexual harass- ment is also evolving, albeit slowly. This is mainly because only a small number of cases end up in court. Few victims of workplace sexual misconduct are inclined to or can afford to litigate. Indeed, most employees "just want to be able to go to work, retain their employment and have a safe workplace to go to," says Gatchalian. Still, arbitrators and human rights tri- bunals, an avenue victims are expected to resort to increasingly, have been handing out higher awards than ever before. In a recent case, the Ontario Human Rights Tribunal ordered a shoe store owner and landlord to pay $200,000 as compensa- tion to a woman for sexual harassment and assaults she suffered at his hands. "Human rights tribunals are showing that they are very concerned about these issues and they are taking the damages to the individuals who experienced them very seriously," says Phillips. Plamondon says that, while jurispru- dence has not changed much over the past few years, that may not last. "We can expect judges to be less tolerant with inappropriate behaviour at the workplace following the wave of denunciations," she says. The same could be said of legislative developments, according to employment and labour experts. Besides Ontario, there have been statutory changes in British Columbia and Manitoba. Quebec intro- duced a draft bill that will amend the Act respecting labour standards that compels employers to adopt and make a psycholog- ical harassment prevention and complaint processing policy available to employees. But all of it is slow moving, and so much more needs to be done, says Gatchalian. "We need to look at the factors and workplace cultures that are allow- ing sexual harassment to occur," says Gatchalian. "I'm not so sure how com- mitted people are to implement sys- temic cultural changes. If a workplace was really committed to implementing these cultural changes by, for example, increasing representation of women in leadership roles, then it would happen sooner. But I'm not sure how commit- ted people are." On subscription Print + eBook Order # L7798-8553BE-65203 $166 Hardcover + eBook April 2018 approx. 1740 pages eBook only Order # A26598-18ON-65203 $138 Print only Order # L7798-8553-65203 $138 Annual volumes supplied on standing order subscription Multiple copy discounts available One-time purchase Print + eBook Order # L7798-8553BE-65203 $170 eBook only Order # A26598-18ON-65203 $142 Print only Order # L7798-8553-65203 $142 Multiple copy discounts available Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Fully annotated by three of Canada's pre-eminent authorities on criminal law, Martin's Related Criminal Statutes, 2018- 2019 Edition contains a winning combination of insight and information. Case law highlights • BP Canada Energy Company v. Canada (National Revenue) (2017 FCA 61) • Apotex Inc. v. Pfizer Inc. (2017 FCA 201) • R. v. Bird (2017 SKCA 32) • R. v. Cameron (2017 ONCA 150) • Godin v. City of Montreal (2017 QCCA 1180) • India v. Badesha (2017 SCC 44) Legislative highlights This edition also features recent amendments to the following: • Canada Evidence Act • Competition Act • Corruption of Foreign Public Officials Act • Customs Act • Federal Courts Act • Firearms Act • Income Tax Act • Proceeds of Crime (Money Laundering) and Terrorist Financing Act • Security of Information Act • Seized Property Management Act Also available through CriminalSource © 2018 Thomson Reuters Canada Limited 00251EO-92063-NP New Edition Martin's Related Criminal Statutes, 2018-2019 Edition With annotations by: Edward L. Greenspan, Q.C., The Honourable Mr. Justice Marc Rosenberg, and Marie Henein, LL.B., LL.M. Now available as an eBook* on Thomson Reuters ProView® Available risk-free for 30 days Online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 *Not available to trade bookstores, third-party distributors, and academic institutions.

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