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Ontario passes new sexual violence and harassment legislation

Sexual Violence and Harassment Action Plan Act becomes law

On March 8, 2016, the Government of Ontario passed the Sexual Violence and Harassment Action Plan Act. The act was first introduced in October 2015 and promises to make campuses, workplaces, and communities safer, and to help them respond more effectively to complaints of sexual violence or harassment.

According to the Province of Ontario website, one-in-three women in Canada will experience some form of sexual assault in their lifetime, with rates being as much as five times higher for women under 35.

The Sexual Violence and Harassment Action Plan Act, according to a March 8, 2016 news release from the Office of the Premier, pledges to “help build a province where everyone is free from the threat of sexual violence and harassment, and would strengthen support for survivors.”

[pullquote align=”left” cite=”” link=”” color=”” class=”” size=””]…only one of 13 commitments…[/pullquote]

This legislation, while also instituting a solid definition of sexual harassment in law, requires every publicly funded and private college or university to have a stand-alone sexual violence policy. Additionally, the act will boost the number of sexual harassment prevention programs in workplaces. The act also removes the limitation period on civil proceedings concerning sexual assault. This allows sexual assault and harassment survivors to bring their claims forward whenever they so choose.

In addition, the act makes it easier for survivors to flee abuse, by shortening the time it takes to end tenancy agreements, while simultaneously eliminating the limitation period for survivors to make a compensation application to the Criminal Injuries Compensation Board.

The Sexual Violence and Harassment Action Plan Act is only one of 13 commitments within the province’s It’s Never Okay action plan, to which the government has pledged $41 million over three years.

Over the last year, the program has launched two multi-media campaigns. #WhoWillYouHelp and #ItsNeverOkay were employed in the media to raise awareness and hopefully change public attitude towards issues of sexual assault. These programs have reached over 85 million and over 65 million viewers respectively. The program has also offered more training for professionals in sectors like health, education, and justice to better support survivors. Last, but certainly not least, the province has updated the Health and Physical Education Curriculum to help students understand the issues of consent and online safety among other things.

While the new legislation is long overdue, policy will not be enough to change long-held attitudes about sexual harassment. Hopefully, the province’s action plans, as well as these more definite definitions of sexual harassment, will make a meaningful contribution to shattering rape culture and stigmas associated with sexual violence.

According to Premier Kathleen Wynne, “The action plan sets us on a path to create a society where everyone can live free of fear and threat of sexual violence and harassment.”

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