In Robichaud V

question 39

Multiple Choice

In Robichaud v. Canada (Treasury Board) , the Supreme Court of Canada had to determine whether the employer was responsible for the sexual harassment committed by another employee. What did the Court find?

• A) Such behaviour is regrettable, but not actionable under the Canadian Human Rights Act.
• B) Such behaviour constitutes discrimination on the basis of gender but, unless the employer actively encouraged this conduct, the employer cannot be liable.
• C) Such behaviour constitutes discrimination on the basis of gender and, under the Canadian Human Rights Act, the employer was liable for such acts.
• D) Such behaviour is juvenile, but the employee is contributorily liable, as she must have encouraged the attention in some way.
• E) Such behaviour does not constitute discrimination, so the employee's only recourse is a tort law action.

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Definitions:

Mens Rea

The mental state of intent to commit a crime, a key element required to establish guilt in criminal proceedings.

Respondeat Superior

A legal doctrine making an employer (or master) liable for the torts of an employee (servant) that are committed within the scope of the employee’s employment.

Deferred Prosecution Agreements

Agreements between prosecutors and defendants whereby prosecution is postponed for a specified period provided the defendant meets certain conditions.

Non-prosecution Agreements

Legal agreements in which prosecutors agree not to file charges against an individual or company in exchange for cooperation or other conditions.