Forthcoming amendments to the Canada Labour Code (the “Code”) reflected in Bill C-65 include provisions that, on their face, seem designed to protect the privacy of a party advancing workplace harassment complaints. The policy objectives behind these amendments align with recent developments in trauma-informed complaints processes. It is well established that victims of workplace harassment and violence frequently undergo further trauma during the complaint process. At the same time, the new provisions raise challenging questions for investigators about how to conduct appropriate trauma informed processes that maintain procedural fairness and are therefore legally sustainable. This article discusses this balance.
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