| Harassment is any improper and unwelcome conduct or comment by
a person which offends, humiliates, or degrades another person.
There are two elements involved in harassment, one invloves
behaviour that is "improper" or "abusive", the other with behaviour
that is "unwelcome" or "unwanted".
"Unwelcome" in this context means any actions which a reasonable
person knows or ought reasonably to know are not desired by the
subject of harassment. The behaviour is considered unwelcome if it
is perceived as such by the person being harassed. The law views
harassment in terms of the effect on the victim, not the intent of
the harasser.
Harassment is a form of discrimination and is illlegal. All
jurisdictions in Canada have human rights laws prohibiting
discrimination on grounds, such as ancestry; race; ethnic or
national origin; nationality; political belief, association or
activity; religion or creed; marital or family status; sex,
including pregnancy; age; physical or mental disability; and sexual
orientation.
The Supreme Court of Canada has ruled that sexual harassment is
discrimination on the basis of sex and therefore is prohibited,
even without specific references in human rights laws. That means a
person can file a complaint of sexual harassment with a human
rights commission even if the human rights legislation does not
contain a specific reference to sexual harassment.
Harassment can take on many forms:
- Racial Harassment
- Harassment on the basis of sexual orientation
- Personal Harassment
|