QUESTION PERIOD — Foreign Affairs
International Labour Organization
October 18, 2022
This is a pleasant surprise. My question is to Senator Gold, please.
Recently, I had the honour of co-hosting with Senator Lynn Ruane of Ireland an international round table, the first of its kind, that brought together lawmakers from many different countries who are leading in making new laws to address the misuse of nondisclosure agreements, or NDAs, that are used against victims of harassment and sexual misconduct in private and public workplaces, including publicly funded universities.
A report from Employment and Social Development Canada found in 2017 that 60% of women reportedly experienced sexual harassment in the workplace. As demonstrated by Hockey Canada, NDAs are often used to gag victims of sexual misconduct in the interests of the institution perpetuating the violating behaviour.
My question today is focused on the International Labour Organization’s Convention No. 190 entitled Eliminating Violence and Harassment in the World of Work. The International Labour Organization adopted this in 2019 as the first international treaty to recognize the right of everyone to a world of work free from violence and harassment, including gender-based violence and harassment. Twenty governments have ratified this convention, Senator Gold, but Canada has not. The Canadian federal government has no clear legislation to identify, regulate and stop the misuse of NDAs.
My question is: When will Canada adopt ILO Convention No. 190 and join these countries to start putting in place the necessary laws and policy measures to more effectively prevent violence and harassment in the world of work?
Thank you for your question. The short answer is I don’t know and I will make inquiries. As the honourable senator knows, and colleagues here would know as well, although Canada has the power through the Crown prerogative to enter into any treaties, the implementation of treaties requires legislation. In that regard, in matters dealing with labour, for example, this engages the provincial jurisdiction over labour, so it is not uncommon. And those with greater foreign affairs experience would probably attest that it is sometimes the case and it may or not be the case here. I will inquire.
But before Canada makes a commitment internationally, it needs to make sure it has some buy-in or participation from the provinces. I don’t know if that’s the case and I will certainly inquire. Thank you for raising that.
