CHAPTER 3

• Jurisdiction: United States

CHAPTER 3

#MeToo Canada:Toward a Culture of Equality

Colleen Sheppard¹

Introduction: The Emergence of #MeToo in Canada

Even before the rise of the #MeToo movement in Canada, sexual harassment, sexual assault, and the gendered abuse of power had attracted significant media, institutional, and political attention, particularly when high profile and powerful men in society were implicated. Two important examples riveted Canadians: the 2016 widely publicized firing and subsequent sexual assault trial of Jian Ghomeshi—a radio broadcasting "superstar" at the Canadian Broadcasting Corporation (CBC);² and the 2015 resignation of Marcel Aubut, head of the Canadian Olympic Committee (COC), following numerous allegations of sexual harassment.³

Beyond highlighting the egregious nature of individual misconduct, these cases revealed the need to examine institutional and societal contexts that too often allow sexual abuse to occur and to continue. In the wake of both the Ghomeshi scandal at CBC and the Aubut resignation at the COC, independent investigations were conducted into the workplace practices at both organizations. These investigations confirmed that sexual harassment and abuse were not simply aberrant individual problems, but rather linked to broader systemic and institutional failures. As noted in one of the reports, the "CBC failed to live up to its obligations to provide its employees a workplace that is free from disrespectful and abusive behaviour."⁴ The host culture, structures of governance, and supervision all contributed to this hostile work environment.⁵ While Ghomeshi was terminated once the allegations of criminal wrongdoing surfaced, his subsequent acquittal prompted concerns about the limits of the criminal justice system's ability to address the complexities of sexual misconduct.⁶ In the case of the COC, the independent law firm report concluded that:

[T]here exists a perception amongst the COC staff that the SLT (Senior Leadership Team) were aware of information that suggested that harassment was occurring in their workplace and they were unable or unwilling to take steps to address it. As such, many COC staff feel that the Board and the SLT failed in their obligation to provide a safe environment for COC employees.⁷

Although Aubut had resigned, the survivors of his harassment in the workplace were fearful about coming forward to speak out about their experiences.

Given these controversies, when the Harvey Weinstein scandal broke in the United States, and the #MeToo movement gained momentum,⁸ the ripple effects in Canada were significant. Many women felt more empowered to speak out about their experiences of sexual harassment and abuse. For example, the former Executive Director of the COC, Leanne Nicolle, was inspired to tell her story of sexual harassment publicly.⁹ And women in the entertainment industry began going public about sexual abuse and harassment that were eerily similar to the experiences of women in the US #MeToo movement. In October 2017, ten women accused the founder of a major Quebec summer comedy festival ( Just for Laughs) of sexual misconduct, prompting his resignation as president and the sale of his shares in the company.¹⁰ In January 2018, the director of the well-known Soulpepper Theatre in Toronto resigned after four women actors "said . . . that they had been sexually harassed, groped, touched and repeatedly propositioned by him over 13 years."¹¹ Allegations of sexual harassment and abuse against Canadian politicians were also emerging, prompting calls for resignation and more effective protections against sexual misconduct.¹²

Similar to many other countries, Canadian social media was functioning as a powerful tool for raising awareness about the risks and realities of sexual abuse and harassment. Between 2016 and 2018, there was a substantial increase in the number of police-reported sexual assaults coinciding with the rise of the #MeToo movement.¹³ The movement was helping to expose pervasive sexual abuse and harassment in women's lives. It was also making a difference in terms of concrete results—forcing men accused of abuse to resign or be discharged from their positions of power and influence. Social media campaigns were proving more efficient and effective in some ways than formal legal processes set up to redress sexual violence. While questions of fairness and due process were raised with respect to social media allegations, traditional legal protection, processes, and remedies also came under scrutiny.

During this time, Canadian women also created their own versions of #MeToo, supporting the general #MeToo movement, but looking to the future through #AfterMeToo in English and #EtMaintenant? (AndNow?) in French. Both hashtags communicated a concern with taking action to respond to emerging stories of widespread sexual misconduct. A symposium on sexual misconduct in the entertainment industry was held in December 2017, leading to a series of recommendations published in the #AfterMeToo Report released on International Women's Day, 2018.¹⁴ One important aspect of this report was its recognition of the systemic vulnerability of actors in the entertainment industry, as a result of precarious job security, long and irregular hours, and working conditions in remote locations. It highlighted the particular vulnerability of actors of color and trans actors, who already experience significant barriers in accessing work and visibility in the entertainment industry. In Quebec, women mobilizing around #EtMaintenant? emphasized the need to be inclusive of the concerns of all working women and to connect with political movements like Black Lives Matter and Stella, a grassroots organization mobilizing on behalf of sex workers.¹⁵

Indigenous women have also voiced the importance of the #MeToo movement in their communities.¹⁶ In so doing, they have highlighted a tension between keeping silent about sexual abuse because of concerns about solidarity with Indigenous men in the face of colonialism, and the need to confront abuse to heal and develop healthy communities. Indigenous women have also mobilized to contest the egregious sexual violence perpetrated by non-Indigenous men. The disproportionate number of missing and murdered Indigenous women and girls attests not only to private violence, but also to systemic inequalities embedded in policing and in the criminal justice system.¹⁷ #MeToo mobilization across Canada thus reflects important differences in women's experiences of sexual violence and underscores the need to take into account intersecting structures of subordination, racism and legacies of colonialism.

Legal Protections: From Retroactive Complaints to Proactive Prevention

In Canada, there are both criminal and civil protections against sexual assault and misconduct. The federal Criminal Code prohibits sexual assault and in many of the #MeToo cases, criminal charges have been brought in the wake of allegations.¹⁸ However, given the high standard of proof in the criminal context (beyond a reasonable doubt), evidentiary challenges, and the lack of any tangible remedies for the survivors of the misconduct, many victims choose civil avenues for redress.¹⁹

Legislation in all jurisdictions across Canada prohibits sexual harassment in the workplace, and provides complaint mechanisms and remedies.²⁰ Increasingly, legislative provisions provide express protection from harassment based on sex, gender identity or expression, sexual orientation, racial or ethnic origin, disability, or a combination of these grounds.²¹ Back in the 1980s, the Supreme Court of Canada held that sexual harassment constitutes a form of sex discrimination. In describing sexual harassment, Chief Justice Dickson explained:

[S]exual harassment in the workplace may be broadly defined as unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for the victims of the harassment. It is . . . an abuse of power. When sexual harassment occurs in the workplace, it is an abuse of both economic and sexual power. Sexual harassment is a demeaning practice, one that constitutes a profound affront to the dignity of the employees forced to endure it. By requiring an employee to contend with unwelcome sexual actions or explicit sexual demands, sexual harassment in the workplace

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