Access to Justice for Sexual Harassment Victims

After analyzing the Supreme Court's judgement in this case, the paper looks at the law which previously governed efforts by victims of sexual harassment to recover damages and claim other remedies. These included claims before Quebec's Commission des droits de la personne and the Tribunal des droits de la personne as well as actions filed in superior courts of law. The paper then examines the treatment of working women who have filed claims with the Commission de la santé et de la sécurité du travail, seeking compensation for physical or psychological injury caused by sexual harassment. Thirdly, the paper examines the exclusion of civil actions in Quebec's Act respecting industrial accidents and occupational diseases to determine to what extent victims of sexual harassment in the workplace have lost their right to sue for damages as a result of the Béliveau St-Jacques decision.