Senators want new anti-harassment policy, say it should include ability to fire offenders

OTTAWA -- The Senate needs an entirely new anti-harassment policy, and it should include being able to fire offenders, senators say.

In a new report, the five-person subcommittee on human resources of the Senate Internal Economy, Budgets and Administration Committee is recommending that instead of updating the existing anti-harassment policy in the upper chamber, it's time to rewrite it.

The senators say that the new policy needs to include tough sanctions, including termination, should complaints of misconduct be substantiated. It remains unclear whether or not the subcommittee believes that the possibility of termination should be extended to senators.

The report states that in cases where senators are found to have breached the anti-harassment policy, the Senate Ethics and Conflict of Interest for Senators Committee be mandated to consider the findings, determine "appropriate sanctions," and present their decision to the Senate as a whole. CTVNews.ca sought further clarification from the Senate on this point, and in an emailed statement Senate spokesperson Alison Korn said that the policy will of course apply to senators but it remains unclear whether that could include being able to fire senators over founded harassment complaints.

"Sanctions applicable to senators who are the subject of an investigation will be provided in the new policy. Ultimately, any disciplinary measures against a senator will be determined by the Senate as a whole," Korn said.

As it stands, Senators can more easily be suspended, and have their salary and benefits docked, though it is very difficult to strip a senator from their seat. Senators are appointed by the Prime Minister, with terms that expire when they turn 75. The Senate can vote to expel a member from office if a majority agrees, though this is meant to be in grave circumstances such as severely inappropriate or criminal behavior.

When the subcommittee's consultations launched in May 2018, chair of the subcommittee Independent Sen. Raymonde Saint-Germain told CTVNews.ca that "times have changed," and it was time for the Senate policy — which was first adopted in June 2009, and applies to everyone who works in the Senate, including senators — to be given a re-think in light of the #MeToo movement.

Now, instead of recommending some amendments to that policy, they want to scrap it and start over. The committee’s first recommendation is to have the Senate administration prepare a brand new policy based on the findings in the subcommittee's report, by April 30. The policy should then be reviewed by the subcommittee before the main committee adopts it, and apply to former employees who experienced harassment and violence while working in the Senate, the senators recommend.

"Its age and the evolving discourse about harassment militate in favour of creating a new policy that will best meet the needs of senators, staff and employees of the Senate Administration," said the members of the subcommittee in a collective statement announcing the proposal of an entirely new policy.

The subcommittee heard testimony from 19 witnesses, including external experts, senators, and senate staff. It looked at all possible scenarios of workplace harassment, from psychological, to sexual.

In a preliminary report issued in June 2018, the subcommittee recommended that Senators, staff, and members of the Senate administration should participate in workplace harassment prevention training before the end of this month, which marks the end of the fiscal year.

At the time the subcommittee said it would continue to monitor developments that were emerging with the passage of Bill C-65, which seeks to tackle harassment and violence in federal workplaces, including on the Hill, through providing clearer recourse and merging labour standards.

In total, the senators made 28 recommendations for the new policy and towards eliminating harassment in the Senate, including increasing the lengths of Senate staffers' contracts, which are currently capped at one year, to eliminate some employment vulnerability; expanding the definition of harassment; and offering up a slate of potential sanctions, including issue-specific training such as on conflict resolution skills; and suspension or demotion.

When beginning the review, senators noted that the makeup in the Senate has changed considerably.

When the initial anti-harassment policy was crafted, the Senate was still very much structured by party, with members belonging to the parliamentary caucuses of the Conservative and Liberal parties. But now the majority of senators are independent and not overseen by a whip, which in the past played a key role in determining which disciplinary measures are best suited in each case.

Now, these senators want to see the appointment of an impartial third party who can hear any complaints, confidentially. This person would also be the one to investigate the matter and report back its findings.

"Harassment in all its forms must be stopped. Victims deserve to be supported. Perpetrators should face real consequences for their actions. Both accuser and accused deserve to have the situation addressed in an appropriately professional way and in a timely fashion," said deputy chair of the subcommittee Conservative Sen. Scott Tannas said in the statement.