Are Delayed Complaints of Sexual Harassment Not Worthy of Human Rights Protection?

Abstract

Within the current legislative landscape in Ontario, survivors of sexual harassment are treated differently than survivors of sexual assault and sexual misconduct with respect to when they can advance a legal claim against their perpetrators. Under sections 16(1)(h) and 16(1)(h.1) of the Ontario Limitations Act, survivors of sexual assault and misconduct are able to file a civil claim whenever they choose to do so. Under s 34(1) of the Ontario Human Rights Code, survivors of sexual harassment must file a human rights complaint within one year of the experienced harassment. This paper argues that s 34(1) should not apply to complaints based on sexual harassment. The author provides four reasons to substantiate this argument: (1) this provision fails to align with contemporary understandings of sexual harassment; (2) it is arbitrary to apply drastically different timelines to survivors depending on the type of sexual violence they have experienced; (3) two important objectives of limitation periods will not be seriously threatened by the suggested amendment to the Human Rights Code; and (4) section 34(1) favours the interests of the harassers over those of the survivor, the public, Bill 132 and the Human Rights Code.