Is Workplace Bullying a Crime in Canada?

Although often thought of as something only seen on the schoolyard, bullying and harassment can affect anyone, including people of working age. Unfortunately, many people across Canada have dealt with some form of workplace harassment. According to recent data from Statistics Canada, 31% of men and 47% of women reported ever experiencing some form of harassment or sexual assault in the workplace. 

Legal Framework: Is Bullying a Crime in Canada?

In Canada, “bullying” isn’t classified as a specific criminal offence under the Criminal Code. However, many kinds of bullying behaviour are criminal code offences. For instance:

• Criminal Harassment (Section 264): Covers repeated behaviour causing someone to fear for their safety.
• Uttering Threats (Section 264.1): Involves threatening to cause death or bodily harm.
• Assault (Sections 265-273): Covers physical acts of bullying.
• Intimidation (Subsection 423(1)): Using threats or violence to compel someone.
• Mischief in Relation to Data (Subsection 430(1.1)): Applies to cyberbullying acts like hacking, identity theft, damaging someone’s online presence, or unlawfully divulging personal or embarrassing information, such as an intimate image.

So, is workplace bullying a crime in Canada? While “bullying” itself isn’t a specific criminal offence, many actions associated with bullying are criminal. 

In the past, workplace bullying tended to be seen as a moral or social issue; however, there is now widespread recognition of the serious consequences it can have on employees’ well-being. This evolving understanding has prompted stronger legislative measures, particularly in Ontario, where laws have been established to protect employees from such harmful behaviours. 

Workplace Harassment & Bullying – Ontario Legislation

Harassment is defined as “engaging in a course of vexatious comment or conduct in a workplace that is known or ought reasonably to be known to be unwelcome.” If that conduct also includes unwelcome romantic or sexual advances, or is based on a characteristic like gender, disability, age, creed, or race, then the harassment constitutes a violation of the Ontario Human Rights Code.

Workplace harassment and bullying and harassment can come from many sources, such as your bosses, coworkers, your employer’s vendors and suppliers, customers, clients, patients, investors, and other stakeholders. It can happen during work hours and even outside normal work hours like at work events or get-togethers.

Workplace harassment in Ontario is addressed under the Occupational Health and Safety Act (OHSA). This legislation requires employers to develop comprehensive policies to prevent harassment and ensure a safe work environment. These policies must be reviewed annually and include clear procedures for reporting harassment.

Every employee has the right to a workplace free of harassment, and employers have a duty to intervene when an employee makes a complaint or if they are made aware of it in other ways. Employers are responsible for creating and maintaining a workplace where harassment is not tolerated. Your employer must ensure they protect your right to a workplace that treats you with decency, civility, and dignity. They are expected to respond quickly with an investigation and appropriate action if you report bullying or harassment while at work. 

If you experience workplace harassment and bullying from any source, let Toronto employment lawyers at Whitten & Lublin assess your situation and explain your options. 

Impact on Victims

Whether it’s physical bullying, cyberbullying, or verbal and psychological harassment, the impacts can be devastating and long-lasting. Victims often endure anxiety, depression, and a host of other psychological issues. Additionally, the effects extend beyond personal health, affecting career trajectories and professional reputations. Workplace bullying can lead to decreased job performance, loss of career opportunities, and even forced resignation. Sadly, some individuals find themselves bullied and terminated. 

Workplace Bullying – Prevention & Legal Recourse

Preventing workplace bullying starts with a robust company policy that clearly defines unacceptable behaviour and provides procedures for reporting incidents. Employers should foster a respectful environment where employees feel safe to speak out. 

Imagine Jane, a marketing manager at a mid-sized company. Her new supervisor, Tom, frequently belittles her in team meetings, dismissing her ideas and making sarcastic comments about her abilities. Tom also assigns Jane unrealistic deadlines and publicly criticizes her for not meeting them. Jane begins to dread coming to work and feels her confidence eroding.

Jane approaches HR to discuss these verbal bullying incidents, but they dismiss her concerns, suggesting she needs to “toughen up.” Not knowing that this type of response is a clear violation of the employer’s obligations but feeling unsupported and increasingly stressed, Jane decides to consult with an employment lawyer.

With Whitten & Lublin in your corner, you will be empowered to act and feel like you have control back of the situation. No longer a victim, you will know your rights and options. An experienced lawyer from our team can advise you on what steps you may want to take to protect yourself and enforce your legal rights. This includes potentially negotiating a fair severance package if conditions become intolerable.

Take Your Power Back

While “bullying” per se may not be listed as a crime, many bullying behaviours are illegal and punishable under Canadian law. Victims have the right to seek protection and legal recourse.

Workplace harassment and bullying can often be subtle and not immediately clear to employers. Victims might feel uncomfortable reporting incidents or remaining in a toxic work environment. Meeting with an employment lawyer is crucial to understand your options and protect your rights. 

Whether you’re dealing with harassment or bullying, the Toronto employment lawyers at Whitten & Lublin will listen to your unique circumstances, explain your rights, and outline your options. Take your power back with Whitten & Lublin employment lawyers in your corner.